Judgment Search Results Home > Cases Phrase: state bank of india act 1955 section 31 a meetings of local boards Court: drat allahabad Page 1 of about 1 results (0.071 seconds)

State Bank of India Vs. Rizvi Exports Ltd.

Court : DRAT Allahabad

Reported in : II(2003)BC96

..... the facts of the case as contained in the application are that the applicant-bank is a body corporate constituted under the state bank of india act, 1955, having its central office at mumbai and one of its local head offices at lucknow and inter alia a branch known as overseas branch, kanpur nagar. ..... sub-section (8) of section 2 of bankers books of evidence act, 1891 is reproduced below : (a) are maintained in written form, a copy of any entry in such books together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book is still in the custody of the bank, and where the copy was obtained ..... 1 by virtue of resolution passed in a meeting of board of directors held on 01.01.1997 resolved and gave consent and allowed the defendant no. ..... 6 of 2000 was filed under section 19 of the recovery of debts due to banks and financial institutions act, 1993 for recovery of rs. ..... --a printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following namely-- (a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountants or branch manager; and (b) a certificate by a person incharge of computer system containing a brief description of the .....

Siddharth Rice Mills and ors. Vs. Bank of Baroda

Court : DRAT Allahabad

Reported in : I(2008)BC32

..... effect that the appellant-defendants were entitled to be compensated in the form of damages for the loss of running of their business smoothly due to above illegal act of the bank authorities.another declaration was sought in suit to the effect that the bank authorities had no right to withdraw the amount from their cash credit limit account on 29thmarch, 1996and 19thoctober, 1996forconvertingitintoterm loan without the consent of the appellants.third ..... in the written statement apart from other pleadings a pleading was raised that the officers of the bank have acted in most mala fide and fraudulent manner on account of which irreparable loss had been sustained by the appellant-defendants as because of illegal and unauthorised fraudulent ..... in suit with regard to stock of rice is that despite repeated requests the branch manager of the concerned bank did not permit to the appellants to sell the said stock and the entire rice by lapse of time ..... the appellant firm suffered financial loss and the cheque was encashed without any consent of the appellants, therefore, for the loss of the stock of rice and above fraudulent act the bank authorities were liable and the bank was not entitled to any relief in respect of above term loan. ..... had filed criminal complaint case against the bank officer under section 420 of the indian penal code which was pending before competent court at dhamtari and they further claimed to have filed a suit for declaration against the bank being suit no. ..... bank of india .....

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

Court : DRAT Allahabad

Reported in : II(2006)BC33

..... state bank of india ii (2003) bc 122 (drat) : 2003(3) bank ..... state bank of india ..... 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 ..... whereby and whereunder the petition filed by the appellants/defendants 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 restoration of original application no. ..... 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. ..... notices did not return sent under registered post, then publication was made in local daily aaj having wide circulation at allahabad and then the defendant nos. ..... are applicable for a decision under section 22(2)(g) of the act, wherein a proviso has been inserted by amendment wherein it has been enumerated that no exparte decree can be set aside on the ground of irregularity in the service of summons, if it is satisfied that the defendant had knowledge of ..... in that way, satisfaction of service can be recorded by the registrar, which should be construed as the act of the tribunal itself.another objection has been raised that after sending of the registered notices, there was no mention as to the fate of those registered notices but straightaway order was passed for .....

Central Bank of India Vs. Sharad Rice Industries

Court : DRAT Allahabad

Reported in : I(2006)BC182

..... after the applications were registered and notices being issued to the respondent-defendants, they appeared in all the cases by filing petitions under section 22 of the drt act read with rule 18 of the drt procedure rules and also on principle of natural justice with guidelines given by the reserve bank of india on 27.7.2000 for one time settlement in respect of the cases of accounts of the loans categorized as non-performing assets. ..... in support of his contention, he has referred to two judgments namely state bank of india v. ..... in support of his contention that the guidelines given by the reserve bank of india has statutory effect, he has relied on various other judgments namely krupa alloys and metals v.chief manager, state bank of india i (2003) bc 417 (andhra pradesh high court), saraf trading corporation v. s.b.i. ..... on such applications filed by the defendant-respondents, objections were invited from the appellant bank and they filed their objections stating various facts and also referring some circulars of the rbi to the effect that non-performing assets of the respondent which were made in the year 1992 had never remained non-performing assets, as on 31.3.1997 ..... state bank of travancore i (1999) bc 418 (kerala high court), canara bank v. ..... nowhere it has been stated in the original application that after the accounts became npas in the year 1992, the same had been transformed into the p.as. .....

Mahavir Ji Sugar Industries Vs. State Bank of India

Court : DRAT Allahabad

Reported in : III(2006)BC67

..... much-within the knowledge of the appellant that kashi nath seth bank had merged with the state bank of india and decree was passed in favour of the state bank of india, but still then in the petition under section 22(2)(g) of rddbfi act, kashi nath seth bank limited was made opposite party, when it was not in existence at the relevant time.against the dismissal of the petition under section 22(2)(g) of the rddbfi act, long back on 20th november, 2003, no appeal was filed, rather the ..... the pendency of the civil suit, kashi nath seth bank limited have been merged with the state bank of india and practically the stale bank of india-respondent was pursuing the case in the civil court and then before the tribunals.there was not an iota of any pleading from the side of the appellant in their petition under section 22(2)(g) of the act or the petition filed under section 5 of the limitation act that the appellant was never served with the ..... about 216 days after expiry of the limitation period and in the limitation petition under section 5 of the limitation act, it has been stated that the appellant was not knowing regarding the procedure of filing of the appeal before the appellate tribunal against the dismissal of his miscellaneous application, but when objection was filed by the bank in other miscellaneous application filed by his mother bhagirathi devi, then he could know that appeal was to be filed against .....

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

Court : DRAT Allahabad

Reported in : II(2006)BC19

..... the appellants.the registered notice, as has been submitted in the bar, returned with the comments that addressees do not reside in the given address, then it remained incumbent on the presiding officer/registrar to ask the bank to furnish proper address or to take steps otherwise for substituted service as contemplated under order 5, rule 20 of the cpc, but it appears from the orders passed in the original application that mechanically order was passed ..... 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 ..... it has further been held by the learned tribunal that when proper publication was there on the address which was given to the bank by the appellants, then there is presumption that the notices/summons have been served and on such holding, the restoration petition has ..... matter was being proceeded before the civil court, the respondent-bank of india filed original application afresh before the d.r.t. ..... in the original application the respondent-bank had changed the date of cause of action stating that further acknowledgement of debt was made by the defendants in the year 1997 after filing of ..... have been dismissed.this appeal has a chequered history in the backdrop as will be revealed from the following facts as stated in brief: it is a unique and peculiar case. .....

Bank of Baroda Vs. Indochem and Varnish Industries

Court : DRAT Allahabad

Reported in : II(2006)BC56

..... although it is stated in the bar that judgment in the criminal case reveal that the form of the demand draft was of state bank of india, fatehpuri branch, delhi, and definitely bank officials were involved in such forgery but such filing if any is not binding in the civil suit as per evidence act. ..... moreover, their debiting of the amount from the account of the appellant-bank does not come within the purview of the definition of debt under section 2(g) of the rddbfi act and hence there is no jurisdiction of the drt to entertain the case against defendant no. 5. ..... all hussain and company, wherein it has been held while interpreting section 72 of the contract act that even if on mistaken belief, cheque has been encashed, unless it could be shown that there was undue enrichment in favour of the party, recovery cannot be made. ..... 1 to 4 the tribunal held that the claim comes within the ambit of the definition of debt as per section 2(g) of the rddbfi act, but on application under the provision of section 72 of the contract act, it was held that there was no enrichment by the defendant nos. ..... counsel for the respondents that although one line decision has already been given by the learned presiding officer, drt, allahabad that the amount involved in the dispute is a debt as per definition of debt under section 2(g) of the act, but this amount cannot come within the purview of debt. .....

Praful Steels and anr. Vs. State Bank of India

Court : DRAT Allahabad

Reported in : IV(2007)BC1

..... for above forgery and thereafter before police moolchand jaiswal disclosed his name as awadhesh kumar srivastava whereas harish chand jaiswal was in fact anand mohan srivastava who was an employee of the state bank of india, branch babaganj, district pratapgarh. ..... both counsel appearing on behalf of the appellants have laid emphasis that the entire story set up by the bank with regard to forgery in preparation of drafts by its own employee does not make out a case to take the amount within the meaning of debt defined under section 2(g) of the rddbfi act, 1993, therefore, the tribunal has no jurisdiction to adjudicate this matter against the appellants and the appellants are not liable to pay any amount.attention ..... the essence of the definition of "debt" in section 2(g) of the rddbfi act is the existence of any liability founded on the allegation as due from any person; the creditor being a bank or a financial institution or a consortium of the two; the liability may be in cash or otherwise; it may be secured or unsecured; it may be payable under a decree or order of any civil court or otherwise; the only rider being that the liability must be ..... attar-ul-nisa , which deals with the section 72 of contract act.ruling bank of baroda v. ..... 297, deal with section 72 of the contract act. ..... having heard the counsel for both the sides, let us examine the definition of debt provided under section 2(g) of the act. .....

Surendra Singh Bhaduria Vs. Punjab National Bank and ors.

Court : DRAT Allahabad

Reported in : I(2008)BC134

..... no.r-497/2005 decided on 13th december, 2005, shyama devi chaurasia v.state bank of india; bhupinder kaur v. ..... are not at all attracted in the instant case to help the appellant on facts as well as on law.learned counsel for the auction purchaser and bank both have argued vehemently that under rule 1 (e) of the second schedule of the income-tax act, 1961, the word officer has been defined as under: "officer" means a person authorised to make an attachment or sale under this schedule.10. ..... outset it is to be mentioned here that the learned counsel for the appellant has laid emphasis only on the question of non-compliance of rule 17 of the second schedule of the income-tax act, 1961 and has argued that the entire proceedings for auction are hit by above provisions of rule 17. ..... of argument, learned counsel for the appellant mr.satish agarwal has led this tribunal through the various rules of the second schedule of the income-tax act and has mainly remained confined towards rule 17 for challenging the auction in question. ..... it was pleaded by the bank that for non-deposit of the amount as per the provisions of rules 60 and 61 of the income-tax act, second schedule, the present objection was liable to be dismissed on ..... refusal to settle the dispute by means of one time settlement was also raised and it was pleaded that the sale in favour of the employee of the same bank which was certificate holder was in gross violation of the rule 17 of the second schedule of the income-tax act, 1961. .....

State Bank of India Vs. Van Pharma Laboratories

Court : DRAT Allahabad

..... before this appellate court it is a fair submission of the learned advocate appearing for the appellant state bank of india that the learned trial court ought not to have dismissed the suit as a whole when the main borrower had never denied of the cash credit facility being taken to the tune of rs. ..... held that the bank was not coming with clean hands and the suit as a whole has been dismissed, hence the present appeal. 6. ..... finding that the rejoinder story as revealed by the appellant bank was not there in their initial pleadings when the suit was filed and if the pleadings in the initial suit are taken as it is, then the same does not conform to the statement of accounts as maintained in regular course of the business admissible under section 34 of the evidence act, 1872 and the provision of banker's books evidence act, 1891 as contained in exhibit p/7 is not in conformity and as such it was ..... p/7 ought not to have been rejected as not being maintained in regular course of business as admissible under section 34 of the evidence act, 1872 and also as per provision of banker's books evidence, 1891. .....