Judgment Search Results Home > Cases Phrase: punjab laws act 1872 section 4 enactments repealed Court: drat kolkata

New India Assurance Co. Ltd. Vs. Union Bank of India

Court : DRAT Kolkata

Reported in : I(2007)BC40

..... thus, in view of what has been stated above, i am to conclude and hold that section 21 of the rddbfi act, 1993, is not applicable and the applicant/appellant is not required to make any pre--deposit under section 21 of the act.the respondent-bank is directed to file affidavit-in-opposition to the memorandum of appeal within four weeks from date, reply thereto, by the appellant within three weeks thereafter.liberty to mention, upon notice to the other side, ..... it has been submitted by the learned advocate for the applicant that section 21 of the rddbfi act applies to those appeals where order is made determining the debt either under section 19 of the rddbfi act or under rule 12(5) directing the defendant to pay the amount determined ..... now to my mind "any person aggrieved" as envisaged under sub-section (1) of section 20 is a sort of a general term qualifying the "persons" who can file an appeal in the scope of this section under the act but does not necessarily qualify or relate all kinds of orders that are appealed against, though that "grievance" by the person or persons most necessarily be there, in all matters or all kinds of appeal ..... in this context, we must have a look at sub-section (1) of section 20 of the rddbfi act, 1993 which reads: ...any person aggrieved by an order made, or deemed to have been made by a tribunal, may prefer an appeal to the appellate tribunal ..... punjab national bank, (supra), squarely fit in ..... punjab national bank i (2004) bc 170 (drat) : 2004(1) bank c.l.r .....

Poddars Electronics Ltd. Vs. Allahabad Bank and 5 ors.

Court : DRAT Kolkata

..... i have also considered the effect of the decision namely, the decisions reported in air 1989 punjab and haryana 319, air 1998 madhya pradesh 236, and also air 3 999 bombay 235 in their application to the present appeal ..... i have shown that the fixing of the claim case for peremptory hearing ex-pane, is itself not in accordance with law and as such the conclusion drawn by the learned presiding officer can not stand. ..... giving my careful consideration to the arguments as also the pleadings of the parties, i am of opinion that passing of the ex-parte decree and subsequently issuance of certificate are not in accordance with law and as such the view taken by learned presiding officer cannot stand.6. ..... on 19th june, 1995, after the promulgation of the recovery of debts due to banks and financial institutions act, the suit was transferred to the debts recovery tribunal in calcutta. ..... present appellant as also the other defendants need to be given reasonable opportunity to file written objection against the bank's claim and thereafter the learned presiding officer shall dispose of the case in accordance with law.let a copy of the judgment as also of the l.c.r. ..... case under section 22(2)(g) for setting aside the ex-parte decision as also the ..... at a time when it was barred by law of limitation. ..... such, the hearing of the claim case by the learned presiding officer and passing a judgment on 19.12.1997 and subsequent issuance of certificate on 19th january, 1998 are not in accordance with law.9. .....

Challenge Engineering Pvt. Ltd. Vs. Indian Overseas Bank and ors.

Court : DRAT Kolkata

..... this appraisal in my opinion is necessary to evaluate the judicial work of presiding officer of drt in order to form an opinion which is necessary for recording annual confidential reports of the presiding officers, therefore, the sub-section only gives the appellate tribunal purely administrative power and whatever power to appraise judicial work has been given in order to properly appreciate the work of a drt so as to form a necessary opinion of making comments about ..... it cannot be the intention of legislature that a power similar to the one under article 227 of the constitution can be exercised by this tribunal under section 17-a and again the order passed by this tribunal can be challenged before the high court under article 227 of the constitution.9. ..... article 227 of the constitution covers not merely to the administrative side but also the judicial side of all the courts below it as also tribunals and as such this tribunal by virtue of the provision of section 17a of the act can and should entertain applications of this nature to rectify the defects committed by the lower tribunal.4. ..... contention of the learned advocate that since section 20(1) of the act is posterior to section 19 of the act, only final order passed by drt can be challenged but not other orders passed in course of proceeding, cannot be accepted as the correct position of law. ..... referred to by the learned advocates relates to an order passed by a district judge acting under the east punjab urban rent control act. .....

Coal India Ltd. Vs. Central Bank of India and ors.

Court : DRAT Kolkata

Reported in : I(2007)BC173

..... . so, in my opinion in this matter of appeal for setting aside an ex parte decree, section 21 of the rddbfi act is not truly applicable to fasten the applicant/appellant with the liability for the pre-deposit as envisaged under section 21 of the act.because of this reason, section21 of the act applies to those appeals only where the order determining the debt, either under section 19(2) of the act of under rule 12(5) of the d.r.t ..... . accordingly, i find that section 21 of the rddbfi act, 1993 is not applicable and the petitioner-appellant is not required to make any pre-deposit as mandated under section 21 of the act.9 ..... ., that the provision of section 21 for the mandatory pre-deposit is not at all applicable and accordingly no deposit under section 21 of the rddbfi act ..... , under section 21 of the rddbfi act, 1993, praying for waiver of the mandatory pre-deposit of the 75% of the amount due on debt together with an application for stay.2. ..... . section 21 of the rddbfi act ..... . it has been further contended that decree was passed against the petitioner-appellant anyway though the same is an ex parte decree and that the appellant is required to make the mandatory pre-deposit under section 21 of the said act ..... . punjab national bank, i (2004) bc 170 (drat) : 2004 (1) bank c.l.r .....

United Bank of India Vs. Ramdas Mahadeo Prasad and ors.

Court : DRAT Kolkata

..... the learned advocate appearing for the appellant in appeal no.6/2001 however relied on some provisions of contact act namely sections 62 and 63 and also some correspondence made between the parties during pendency of the claim case. ..... after the promulgation of recovery of debts due to banks and financial institutions act the said claim was automatically transferred to the tribunal from the civil court. ..... consensus arrived at must be taken to be a new contract between the parties and in the event the terms of this contract is obeyed by any party the other side cannot get away from it on the principle laid down in section 62 of the contact act. ..... it is stated in air 2001 punjab, haryana 137 that the rate of interest in case of bank loan should be awarded as per agreed rate from the date of the suit. ..... the decision reported in chn, 2001(1) page 1 says that the rate of interest as per the banking regulation act should not be reopened by the court. .....