Review Application No. 7 of 2005. Case: Shardaprasad and Ors. Vs State Bank of India and Ors.. Nagpur Debt Recovery Tribunals
| Case Number | Review Application No. 7 of 2005 |
| Counsel | For Appellant: B.J. Agrawal, Adv. and For Respondents: Anil Kumar, Adv. for Respondent No. 1 |
| Judges | K.J. Paratwar, Presiding Officer |
| Issue | Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19(25) and 31A; Debts Recovery Tribunal (Procedure) Rules, 1993 - Rule 7 |
| Citation | I (2006) BC 38 |
| Judgement Date | Friday September 02, 2005 |
| Court | Nagpur Debt Recovery Tribunals |
Judgment:
K.J. Paratwar, Presiding Officer
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This application, though registered as review application, is one under Section 19(25) of RDDB Act.
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At few facts necessary for understanding the controversy in the matter are that the Bank had filed Spl. Civil Suit 76/94 in the Court of Civil Judge, Sr. Divn., Pusad against the other respondents herein who were defendants in the suit. By judgment dated 1.11.1995, the learned Civil Judge allowed the suit for Rs. 54,59,045/- with interest @ 17.25% p.a. The sale of attached movable property is also ordered. Consequently, the Bank had filed M. A. 141 /2003 under Section 31-A of RDDB Act for issuance of recovery certificate. By order dated 14th November, 2003 my learned predecessor was pleased to issue the recovery certificate for the monetary claim. He also pleased to give following direction:
The applicant Bank is at liberty to take necessary steps to sell the other mortgaged properties of the defendants and adjust the sale proceeds thereof towards the loan account of defendants.
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The applicants contention herein is that the above direction was beyond the judgment and decree passed by the learned Civil Judge, Sr. Dn. The Civil Court had not given declaration that any property was...
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