Judgment Search Results Home > Cases Phrase: the pondicherry settlement act 1970 Court: drat madras Page 1 of about 3 results (0.044 seconds)

Lucky and Co. and anr. Vs. Uco Bank and anr.

Court : DRAT Madras

Reported in : I(2005)BC121

..... the contention of the appellants is that even though the tribunal has issued the recovery certificate in pursuance of the decree passed by the pondicherry sub-court, way back on 29.2.1996, they were entitled to hearing before the recovery certificate was issued under section 31-a of the rddb&fi act. mr ..... 10 lakhs and the recovery certificate was issued pursuant to the decree dated 29.2.1996 passed by the pondicherry sub-court and it is perfectly in accordance with law to grant/issue recovery certificate for the subsisting decree against the judgment debtor. ..... by the impugned order, the learned presiding officer rejected the application made by the appellants/defendants herein, for setting aside the order passed in the oa by the presiding officer under section 31 -a of the rddb&fi act, 1993.3 ..... requires that an application under section 19 or section 31-a have to be accompanied by a paper book containing- (i) a statement showing details of the debt due from a defendant and circumstances under which such debt has become due; and shall also disclose details of the case and decision in that case which is sought to be reviewed; therefore, the order dated 13.6.2001 does not come within purview of the amendment and the section is to guided by the position of law as it existed at that point of time.4. ..... he further states that his client is willing for settlement.now this proposal can be submitted by approaching the bank directly.so, the appellants want nothing but to protract the litigation. .....

Canara Bank Vs. C.H. Venkataraman and ors.

Court : DRAT Madras

Reported in : I(2004)BC32

..... of mandamus to the nationalised banks to settle the amount of debt of the petitioners due to the respective banks by calculating the amount in accordance with the guidelines issued by the rbi and the petitioners also have sought for issuance of direction to the rbi to enforce the guidelines and monitor its implementation by all the nationalised banks and those writ petitions were dismissed holding that "if the guidelines of the circular are accepted, the laudable object of the banks nationalization under the provisions of the banking compromise (acquisition and transfer of undertakings) act, 1970, will ..... aggrieved against the order passed by the po, drt-i, chennai, directing the bank to consider the one time settlement (ots) offer made by the defendants in their representation dated 23.7.2002 as per the ots under the modified guidelines of the reserve bank of india (rbi) and shall make necessary compromise after receiving the balance amount from the defendants within 30 days from the date of confirmation of acceptance of the offer by the bank and also directing the bank to return the title deeds of the mortgaged properties to the defendants after receiving the payment under .....

K. Ramachandra Vs. State Bank of India, Rehabilitation and Recovery Br ...

Court : DRAT Madras

..... govindaswami mudaliar and ors,), the agreement for sale as well as the sale deed came to be executed for a nominal consideration to save the properties from the clutches of the creditors and therefore, honble supreme court reiterated the principle of law that under section-53 of the transfer of property act, the said transactions were held as voidable as the consideration for the sale deed was thoroughly inadequate and that therefore, the sale cannot be upheld. ..... in this case was not mortgaged in favour of the 1st respondent bank by the borrowers, namely respondents 3 and 4 and that since it was attached much later than the date of the agreement for sale executed by the 4th respondent in favour of the appellant, the ratio of the decision is not applicable for the simple reason that as per the provision of law referred to above, the schedule property was not directly and specifically in question in the proceedings before drt and more so, the appellant was not a party ..... counsel for the appellant has submitted that the claim made by the bank of baroda was settled separately by the borrowers and that as a corollary, the attachment made in the case of bank of baroda was not in force after the settlement of the claim. ..... he has placed strong reliance on the decision air 1970 sc 1717 (kedar nath lal vs. .....