1998 (2) TMI 610
X X X X Extracts X X X X
X X X X Extracts X X X X
....ab and Sind Bank, City Centre Branch, Amritsar (hereinafter referred to as `the plaintiff-Bank') (Civil Suit No. 269 dated 24th March, 1986) against Hardeep Singh Sandhu (since deceased), the father of the petitioner Sandeep Singh, for recovery of loan of more than ₹ 20 lacs on the ground that th defendant on 23rd January, 1980 made a request for opening Current Account with the plaintiff-bank with overdraft facility and the plaintiff-Bank sanctioned overdraft facility upto the limit of ₹ 10 lacs. The defendant executed certain documents in favour of the plaintiff-Bank on 10th December, 1980, in this regard. On 22nd April, 1983, balance of ₹ 12,34,994.74 was found in the account of the defendant. On that date also, the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....trusted to the Tribunal on 2nd September, 1996 and the parties were informed to appear before the Tribunal on 16th October, 1996. 2.5. The defendants did not appear before the Tribunal and ex parte proceedings were taken against them. However, on the application of the defendants, the ex parte order was set aside on 11th February, 1997. On 28th April, 1997. On 28th April, 1997, the defendants closed their evidence. On the very day i.e. 28th April, 1997, three applications were put in on behalf of the defendants, replies to which were filed on 10th June, 1997. 2.6. The first application was filed on the ground that deceased Hardeep Singh-defendant had two current accounts with Oriental Bank of Commerce which were in the name of M/s Sande....
X X X X Extracts X X X X
X X X X Extracts X X X X
....availing the overdraft facility; and the annexure containing the terms and conditions of loan and the original Pay order. This application was also opposed by the plaintiff-Bank. 2.8. In the third application the defendants prayed that they may be allowed to get necessary documents examined from the Hand Writing Expert. 2.9. Vide its order dated 16th June, 1997, the Tribunal dismissed all the three applications moved by the defendants. Hence the present revision petition. 3. I have heard the learned counsel for the parties. 4. The learned counsel for the respondent-Bank has raised a preliminary objection with regard to the maintainability of the revision petition on the ground that an equally efficacious remedy is available to the pet....
X X X X Extracts X X X X
X X X X Extracts X X X X
....application, actually or voluntarily resides, or carries on business, or personally works for gain; or (b) any of defendants, where there are more than one, at the time of making the application, actually and voluntarily resides or carries on business, or personally works for gain; or (c) the cause of action, wholly or in part, arises. (2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee for filing the application as may be prescribed : Provided that the fee may be prescribed having regard to the amount of debt to be recovered : Provided further that nothing contained in this sub-section relating to fee shall apply to cases transferred to the Tribuna....
X X X X Extracts X X X X
X X X X Extracts X X X X
....against the orders passed by the Tribunal is available. Section 17 of the Act lays down the jurisdiction, powers and authority of the Tribunal as well as Appellate Tribunal. Section 18 of the Act prescribes that no Court or other authority shall have any jurisdiction (except the Supreme Court and High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to the matters specified in Section 17. Section 19 of the Act prescribes procedure of the Tribunal. Section 20 of the Act gives a right of appeal to the Appellate Tribunal from an order of the Tribunal made under the Act. Section 21 lays down that an appeal preferred by a person from whom amount of debt is due to a bank or a financial institution, shall n....