T.R.P. No. 54 of 2002. Case: Andhra Bank Vs Metcon Casting (P) Ltd. and Ors.. Kolkatta Debt Recovery Tribunals

Case NumberT.R.P. No. 54 of 2002
CounselFor Appellant: S. Sircar, Adv. and For Respondents: Sabyasachi Sen, Adv.
JudgesD.C. Thakur, Presiding Officer
IssueRecovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 25 to 29; Code of Civil Procedure, 1908 (CPC) - Order 21, Rule 2
CitationIV (2005) BC 37
Judgement DateJune 30, 2005
CourtKolkatta Debt Recovery Tribunals


D.C. Thakur, Presiding Officer

  1. Mrs. S. Sircar, the learned Advocate appears for the appellant/certificate holder Bank.

  2. Mr. Sabyasachi Sen, the learned Advocate appears for the certificate respondent No. 1 in Appeal/1 of 2004 and applicant-certificate debtor No. 3 in TRP/54 of 2002.

  3. The petition preferred by the applicant-certificate debtor No. 3 has been disposed of in the background of the facts stated herein below:

    The said certificate debtor, as the other compromising party to the compromise reached with the Bank outside this Tribunal, has fulfilled all the terms and conditions as stipulated in the compromise-instrument by way of submitting on June 7, 2005 before the Hon'ble Justice Aniruddha Bose, one of the Hon'ble Justices of the Hon'ble High Court at Kolkata that C.S. No. 381 of 1990, a suit instituted by the said certificate debtor, the compromising party, has no more been intended to be proceeded and prosecuted against the impleaded defendants including the present certificate holder Bank. The withdrawal of C.S. of 381 of 1990 has been compulsorily one of the stipulated conditions incorporated in the instrument of compromise in between the certificate holder Bank and the said applicant-certificate debtor.

  4. The said certificate debtor has earlier paid an amount to the exchequer of the appellant-certificate holder Bank in whose favour one Certificate of Recovery has not only been issued for an amount of Rs. 85,09,547.77P but the said certificate has also been put into the recovery proceeding under Sections 25 to 29 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. [Act No. LI of 1993].

  5. During the above recovery proceeding the said certificate debtor has paid the Bank the amount which is as a material fact likely to be covered fully by the provisions as contemplated in Rule- 2 of Order XXI of the First Schedule to the Code of Civil Procedure, 1908 [Act No. V of 1908] about which this Tribunal has already made mention in its earlier order.

  6. The above outside Court compromise has not been fully implemented, because of the constant appearance of C.S. No. 381 of 1990 in the peremptory list published for the purpose of the said suit initiated by the certificate debtor as the plaintiff.

  7. In Order No. 55 of itself, this Tribunal had been pleased to direct the learned Counsel, appearing for the certificate debtor to submit before this Tribunal the drawn up order of the order passed by the...

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