Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: drat allahabad Page 1 of about 22 results (0.130 seconds)

S.P. Kanodia and ors. Vs. I.F.C.i. Ltd. and ors.

Court : DRAT Allahabad

Reported in : I(2006)BC228

..... procedural matters for getting fruitful speedy remedy basing on natural justice. some provisions of c.p.c. have been made to apply as provided under section 22(2) of the act. under sub-section (1) of section 22 it has been provided that the tribunal and appellate tribunal shall not be bound by the procedure laid--down by the c.p.c., ..... mr. a.k. chatterjee, senior advocate to the effect that an appeal against an interlocutory order should be construed as an appeal under section 17(2) of the act and not under section 20 of the act and under section 17(2) there is nothing mentioned about the fees to be paid in respect to any order passed by the tribunal before the ..... orders. so this first point shall be dependent on the decision in the subsequent point raised. (vii) on the second point it is there under sub-section (3) of the section 20 of the act that for the purpose of entertaining an appeal, prescribed fees shall have to be paid. now it is to be seen whether really prescription is there .....

Praful Steels and anr. Vs. State Bank of India

Court : DRAT Allahabad

Reported in : IV(2007)BC1

..... the section 72 of contract act.ruling bank of baroda v. indochem and varnish industries ii (2006) b.c.56 (d.r.a.t./d.r.t.), decided by this tribunal, sowdra bai v ..... under mistake, sri sri shiva prasad singh (deceased), now represented by kali prasad singha v. maharaja srish chandra nandi air (36) 1949 p.c. 297, deal with section 72 of the contract act. both have no application in the instant case. learned counsel for both the parties have cited jammu and kashmir bank ltd. v. attar-ul-nisa , which deals with ..... as in that suit the appellants are only proforma defendants.8. having heard the counsel for both the sides, let us examine the definition of debt provided under section 2(g) of the act. this definition is as under: "debt" means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial .....

Hyper Chemicals and Cosmetics P. Vs. State Bank of Patiala

Court : DRAT Allahabad

Reported in : IV(2005)BC177

..... which were hypothecated with the respondent-bank got converted into a pledge. according to him when the upfc took over the appellant-first defendant-company under section 29 of the upfc act, the respondent-bank had taken possession of all the raw materials, etc., but had not taken steps to sell them nor has it accounted for ..... -finished and finished goods, raw materials and goods in process. the appellants-defendants claim that the appellant-first defendant-company was surreptitiously taken possession under section 29 of the upfc act and was sold, and at that time the respondent-bank took over the unfixed assets, which were pledged and hypothecated with the respondent-bank. the ..... of the bank and the uttar pradesh financial corporation (hereinafter referred to as "upfc") resulted in an acute crisis. the company was taken over under section 29 of the upfc act and was sold away for a throw away price. at the time of the aforesaid seizure, the respondent-bank took over the entire unfixed assets, .....

L.K. Pandey and ors. Vs. Bank of Baroda and ors.

Court : DRAT Allahabad

Reported in : II(2006)BC33

..... of the rules framed by the central government and i do not find that the provisions of rules have any overriding effect on the provisions of the act. section 7 of the act provides for appointment of recovery officer and other officers of the tribunal and the central government has been given power to make rules to that effect ..... has been given as to who had given him information regarding ex parte judgment. all these contentions made by the parties in the restoration petition under section 22(2)(g) of the act have been denied by the respondent bank by filing written objection. it was their contention that the appellants being the family members and near and ..... appellants did not appear, the original application proceeded ex parte against them. soon after decree was passed, the appellants came up with a petition under section 22(2)(g) of the act for setting aside ex pane judgment and order for recovery on the ground that no notices/summons were ever served on them. their case was that .....

B.J. Nagrath and ors. Vs. Bank of India

Court : DRAT Allahabad

Reported in : II(2006)BC19

..... officer, d.r.t.allahabad in m.a. no. 48/04, whereby and whereunder, the petition under section 22(2)(g) of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the rddbfi act) for setting aside the ex parte judgment and order dated 18th july, 2002 passed in t.a. no. ..... usual reliefs. for non-payment of fees the case was rejected vide order dated 3rd march, 1997. on 12th march, 1997 a review/restoration petition was filed under section 151 of the cpc for recalling and setting aside of the order dated 3rd march, 1997 and for registering/restoring their suit. accordingly vide order dated 13th march, 1997 ..... if the same is restored and when jurisdiction point is validly involved in the present case, then on principle of natural justice which is the backbone of the rddbfi act, opportunity should be given to either of the parties to fight out the same. moreover, it appears that except publication there is no valid service of notices/summons .....

Bank of Baroda Vs. Fertilizer Sales Organisation

Court : DRAT Allahabad

Reported in : I(2008)BC24

..... form its own opinion on the basis of the entire evidence brought on record. the court also would be competent to compare the signatures and the writings under section 73 of the evidence act.in this very ruling the mention had been made with regard to opinion of expert based on glaring similarities. another ruling panchula v.ganeshilal maheshwari , wherein in para .....

Kamta Nath Pandey and anr. Vs. Allahabad Bank

Court : DRAT Allahabad

Reported in : I(2007)BC1

..... officer, d.r.t., allahabad in m.a. no. 181/02, whereby and whereunder the restoration petition filed under section 22(2)(g) of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the rddbfi act) for setting aside the final order passed in t. a. no. 170/2000 on 27th august, 2002 has .....

Bank of Baroda Vs. Mahfooz Ahmad and ors.

Court : DRAT Allahabad

Reported in : II(2006)BC46

..... to find out as to how much claim of. the appellant can be entertained to be proved and then consider future and pendente lite interest as per section 19(20) of the rddbfi act. considering the above points, the discussions made by this tribunal shall also be construed and also opportunity should be given to both the parties to adduce further ..... by filing a written statement taking various pleas as had been taken for the other case by the guarantors and not being reiterated again. on establishment of tribunal under the act the case was transferred to the drt, allahabad and was registered as t.a. no. 24/01. after giving due notice to all the parties, the proceeding continued ..... such the guarantee ended by the expiry of licence.while the suit was proceeding in the civil court, tribunal was set up as per the provisions of the rddbfi act, 1993 and the suit has been transferred to the drt, allahabad and then after due notice to the parties, the proceeding continued and ended in dismissal.on 4th may .....

Vitik Pharma and ors. Vs. Punjab National Bank and ors.

Court : DRAT Allahabad

Reported in : II(2007)BC46

..... they got notice from the recovery officer and inspected the records on 13th march, 2003, the restoration petition under section 22(2)(g) of the rddb & fi act was filed on 2nd april, 2003 along with a petition under section 5 of the limitation act, the plea of the appellants was that they were not served with notices as there was some change in ..... officer, d.r.t., allahabad in miscellaneous application no. 75 of 2003 whereby and whereunder the application filed under section 22(2)(g) of recovery of debts due to banks and financial institutions act, 1993 (hereinafter shall be referred to as the "rddbfi act") for setting aside the ex parte judgment dated 11th november, 2002 passed in t.a. no. 1223 of 2000 .....

State Bank of India Vs. Vishnu Steel Re-rolling Mills

Court : DRAT Allahabad

..... reducing the interest from the bank interest to that of the simple interest up to the date of filing of the suit, when his jurisdiction is debarred under section 21a of the banking regulation act, 1949, then the jurisdiction of the court remains discretionary regarding imposition of interest with regard to pendente lite and future interest alone. the second point urged is ..... mr. v. d. chauhan, learned counsel for the respondent could not give any plausible reply and perhaps he has no reply also in view of the provision of section 21a of the banking regulation act, 1949. from the impugned judgment i could not find any plausible reason in reducing the claim from rs. 34 lakhs and odd to rs. 27 lakhs and .....