2003 (1) TMI 548

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....ing heard the learned counsel for the parties and having perused the record of the case, I find no substance in the writ hence, it merits dismissal. 2. What is challenged in this writ is a summon/notice, dated 2-12-1998 (Annexure P-4) issued by the Debt Recovery Tribunal. In fact, the respondent - a Bank has filed a suit against the petitioner for recovery of outstanding loan amount in Debt Rec....

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....of the amount. According to petitioner, the order of Tehsildar operates as res judicata in all subsequent proceedings inter se parties in relation to loan dispute and hence, filing of suit is bad for want of cause of action. In my view, the argument is not acceptable. 5. In a situation like the one, arising therefore, the remedy of petitioner is to file the written statement in answer to suit f....

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....Tehsildar could even embark upon any such inquiry to give such finding in favour of petitioner so as to take away the rights of the respondents to file a suit under the provisions of Debt Recovery Act. All these questions can be taken note of by the Tribunal while deciding the suit filed by the respondent. 7. Accordingly and in view of aforesaid limited discussion, which alone according to me i....