CiteTEXT
...Bank for transfer of Civil Suit No. 7 of 1995 (filed by the first respondent herein against the appellant and others and pending on the file of the Calcutta High Court) to the Debts Recovery Tribunal...Recovery Act enabling a borrower to file a suit (application) against a bank or a financial institution, in the Debts Recovery Tribunal, the jurisdiction of the civil court to entertain a suit filed ...bank, to contend, as enabled by Section 19(11) of the Debts Recovery Act, that such suit should be tried independently. If such a contention is accepted by the Tribunal, the suit transferred from ...
...facility by the Bank to the Company and that the suit by the Company was really in the nature of a counterclaim or set-off, as against the claim of the Bank for recovery of a sum of Rs 833.06 lakh...even otherwise, completely alien to the claim based on the loan made by the Bank before the Tribunal. Since the suit was not hit by Section 18 of the Recovery of Debts Act, the jurisdiction of the...Company and it could not be said that the subject-matter of the Bank's claim before the Debt Recovery Tribunal and the suit filed by the Company against the Bank are inextricably connected, in that the...
...before the suit was filed by the Bank against the defendants for recovery of such loan.4. In order to decide the question raised by the learned counsel for the appellant, we...6 and the Bank. The suit was filed for recovery of loan by the Bank against the appellant as well as the other Defendants 1 to 4 and 6.6. The learned counsel appearing...impugned judgment, the High Court affirmed the decision of the Additional District and Sessions Judge and held that the suit filed by the Bank be decreed against original Defendants 1 to 4 for a sum...
...Suit No. 3 of 1998 for recovery of Rs 15,66,66,591 with other incidental reliefs by which the application for amendment of the written statement filed at the instance of the appellant was rejected...Relating to Transactions in Securities) Act, 1992 where the suit is now pending decision. It has been alleged in the plaint by the respondent, abn amro Bank that on 3-3-1992, the New Delhi Branch of the...germane to the issues involved in the suit can be rejected only on the ground that the affidavit does not contain any admission. As noted herein earlier the suit which has been filed by abn amro Bank is a...
...B.N Kirpal, J.— The main question which arises in this appeal by special leave is whether the suit for recovery of money filed by the appellant-Bank was properly instituted...the appellant. The suit had been filed in the name of the appellant company; full amount of court fee had been paid by the appellant-Bank; documentary as well as oral evidence had been led on behalf....2. The appellant's branch at Ambala Cantt. had instituted a suit in the Court of Subordinate Judge, Ambala Cantt. for recovery of Rs 1,40,553.91 from the respondents. The case...
...loans were said to have been advanced to the Company, Accused 4 between 1986 and 1989, the suit for recovery of the unpaid dues was filed by Andhra Bank in 1992 and two years thereafter the complaint...was lodged by the Bank on 19-9-1994 and the charge-sheet was filed by CBI four years later on 30-12-1998. Thereafter, the suit filed by the Bank for the recovery of its dues was compromis...Andhra Bank, Opera House Branch under various facilities. On account of default in repayment of the loans, the Bank filed a suit for recovery of the amount payable and in addition, on 19-12-1995, a...
...under Articles 226 and 227 of the Constitution can be invoked to set right the injustice caused to the petitioner. The facts of the case are that a suit was filed by the appellant State Bank of India...for recovery of a sum of Rs 23 lakhs and odd on 12-10-2001. The affidavit by way of evidence was filed on behalf of the Bank on 21-1-2002. The respondent filed its written statement on 16-2-2002 and its...the claim of the Bank was allowed with simple interest @ 13 per cent per annum. The respondent did not prefer an appeal as provided under Section 20 of the Act against the decree passed by the DRT...
...suit for recovery, was dismissed.Plaintiff-respondent No. 1 filed a suit for recovery of the amount paid by her to the Bank to discharge the liability of the Bank incurred ...legality of the sale deed itself is subject matter of challenge in the suit filed by him. Therefore, the suit for recovery of the amount paid by the plaintiff to the Bank, requires to be stayed...the sale deed. Such suit was filed on 04.08.2008 Thereafter, the petitioner filed an application for stay of the suit for recovery filed by the plaintiff-respondent No. 1 on the ground that the...
...The appellant has sought certain information under RTI Act by his letter dated 10.10.2006 in regard to the correspondence relating to filing of recovery suit by the bank before the DRT...information sought by him has been denied, he wanted this information and copies of the correspondence leading to the sanction of the recovery suit, as same has been got approved on the strength of mis....
3. This case came up for hearing on 20.12.2007 which was attended by appellant in person, as well as CPIO along with the AGM, Bank of Maharashtra. The appellant broadly mentioned that the...
...decreed the suit. Learned counsel for the appellants has submitted that in the appeal, which has been filed against the decree passed in a suit filed by the bank, recovery of 14...application for additional evidence, the defendant-appellant wishes to produce copy of the judgments passed by the learned trial as well as first appellate court in a suit for recovery filed by the bank...concurrent findings of fact arrived at by the courts below while decreeing the suit for recovery of Rs.4,00,000/- along with interest @9% per annum from the date of deposit till the date of judgment and...
...the respondent Bank that since Adhunik Detergent Ltd. did not repay the loan amount, a civil suit came to be filed by the Bank in the Court of the District Judge, Raipur, Madhya Pradesh for recovery...force and in 1998 the suit filed by the respondent Bank came to be transferred to the Debts Recovery Tribunal, Jabalpur (“DRT”, for short). The appellants had no knowledge about the transfer of the...the suit filed by the plaintiff Bank holding that the Bank was entitled to recover Rs 1,07,17,177.60p. with interest and cost from Defendants 1-9 jointly and severally. The defendants were also...
...to the tune of Rs 1.35 crores besides facing a civil suit by the Bank for recovery of the loan, amounting to Rs 3 crores.13. Mr M.K Dua, learned counsel appearing for...8-3-1988 the appellant obtained loan from Respondent 2 Indian Bank by hypothecating the tobacco stored in the godowns. In the intervening night between 22-3-1988 and 23-3-1988 a fire broke out in the...the Bank.5. On 24-3-1988 a surveyor was appointed by Respondent 1 Insurance Company, who submitted his report on 2-4-1988.6. However, it appears...
...matter has now been settled between
the parties and even the securitization application and the recovery suit filed
by the bank have been duly withdrawn.
2. Keeping in view...-2021
Date of Decision: 17.05.2023
M/s. AB Industries .....Petitioner(s)
Versus
Punjab National Bank and another ....Respondent(s)
CORAM: HON'BLE MR. JUSTICE...
...215 on which strong reliance is placed by the learned counsel for the Applicants. In the said judgment Guttal, J. (as he then was) held that in a suit for recovery of amount by the bank against the...of the Apex Court can be applied while considering an application made by the workmen for their impleadment in the suit filed by the bank for recovery of amount against the Defendant company....8. In the suit filed by the plaintiff bank for recovery of outstanding amount against the Defendant No. 1, the present Applicants would be of no help and assistance in the adjudication of the...
...Division, Panaji and declaring that the suit instituted by the appellant had abated.2. The appellant Bank instituted a suit before the Civil Judge for recovery of an amount of...Commissioner by his order dated 30-6-1972 set aside the order of the trial Judge and declared the suit to have abated. Aggrieved the plaintiff Bank has preferred this appeal after obtaining special leave...Rs 63, 315 against Vinaique Naique, advanced to him as loan by it. Vinaique Naique, the defendant contested the suit, issues were framed and evidence was being recorded. On 26-2-1970 statement of PW 1...
...plaintiffs' (appellants herein) case in the Civil Suit No. 731 of 1995 is that the decree obtained by the respondent Bank in Civil Suit No. 419 of 1994, which is one for recovery of a sum of Rs...performance being anterior to the date of creation of the mortgage, the civil suit filed by the respondent - Bank for recovery of the mortgaged amount would be hit by the doctrine of lis pendence inasmuch ...specific on 12 April, 1994. It is thereafter that the Civil Suit No. 419 of 1994 was filed by the respondent Bank i.e on 6 August, 1994 and that too without impleading the plaintiffs who had by that time...
...proprietor of M/s Shivam Wines, when in fact he was a partner and his resignation from the partnership had also been forged. Consequentially, in the recovery suit filed by the bank leading to the grant of...Navin Sinha, J.— The petitioner, an accused in the complaint case, is aggrieved by the refusal 2009 SCC OnLine Bom 2442 of the High Court...revisional jurisdiction placing reliance on Section 398 CrPC to direct further investigation by the Magistrate. The High Court further erred in holding that no opportunity of hearing was required under...
...which date the recovery suit filed by the Bank/Cooperative Society against the borrower5. Whether the borrower served any notice of suit and whether the borrower filed any defence reply...custodian of record. After deliberations, it emerges that there had been a loan recovery case being pursued by the bank against the legal heirs of deceased loanee (Appellant herein) and same was closed...by the erstwhile Collector. The loan arrangement was between the loanee & the private bank. The said case is stated to have revived and a recovery notice was sent to the loanee through the Asst...
...) actual date of recovery of the above said education loan by the Bank, (ii) date of filing of recovery suit by the Bank along with the details of the suit, and (iii) the reasons...amount from his gratuity or pension fund paid to him by the Bank in 2007 and 2008.2. The appellant filed a second appeal before the Commission on the grounds that the desired...information/documents has been deliberately not provided to him by the CPIO who has returend his RTI application stating that the applicant did not pay the RTI fee in the prescribed mode. The appellant...
...recovery of the above said education loan by the Bank, (ii) date of filing of recovery suit by the Bank along with the details of the suit, and (iii) the reasons for not recoveri...gratuity or pension fund paid to him by the Bank in 2007 and 2008.2. The appellant filed a second appeal before the Commission on the grounds that the desired information/documents...has been deliberately not provided to him by the CPIO who has returend his RTI application stating that the applicant did not pay the RTI fee in the prescribed mode. The appellant requested the...