2019 (12) TMI 632

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....ecovery Tribunal ('DRT')-2 in OA No.277 of 2001 and Debt Recovery Appellate Tribunal ('DRAT') in Appeal No.77 of 2014 respectively. 3. W.P.(C) 11334 of 2015 is by Vintron Informatics Ltd. ('VIL') and is directed against the order dated 6th November, 2014 passed by the DRAT dismissing VIL's Appeal No.130 of 2015 by which the challenge raised by it to the order dated 23rd December, 2014 of the DRT-2 in OA No.279 of 2001 was negatived. Facts in W.P.(C) 3549/2014 4. One Virender Pratap Singh sole proprietor of Computech Orbit and Graphics Computer, Muzaffarpur, Bihar purchased computer parts/accessories from FMPL, for which he made payment by way of Demand Draft ('DD') (DD No.295188) dated 3rd Decemb....

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....est on the amount of Rs. 8.50 lakhs from 9th December, 1998 till the date of filing of the OA i.e. 13th November, 2001, which at 18% per annum with quarterly rests worked out to Rs. 5,74,640/-. 8. The aforementioned application was filed against FMPL as Defendant No.1 and SBS as Defendant No.2. In the said application it was stated that on 31st July, 2000, an FIR was registered at PS Connaught Place in respect of the aforementioned DD. It was further stated that by letters dated 2nd September, 6th October 1999, 17th January and 24th March 2000, UBI had contacted SBS, calling upon them to make the payment of the aforesaid DD. SBS informed UBI by letters dated 25th October, 1999 and 18th January, 2000 that they merely acted as a collecting....

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.... 12. As far as W.P.(C) 11334 of 2015 is concerned, the facts are that VIL is a manufacturer and dealer of personal computers, mother boards and other computer accessories. One of its dealers M/s Shri Sati Systems ('SSS') at Salimpur Ahra, Kadam Kuan, Patna was approached by Mr.Vijay Pratap Singh of M/s. Computech Orbit in Muzaffarpur, Bihar for purchasing computers for onward sale to Pusa Engineering College. Based on the discussions between SSS and VIL, the SSS received DD No.295191 dated 6th November, 1998 favouring VIL in the sum of Rs. 7.50 lacs. SSS by its letter dated 17th November, 1998 forwarded the said DD to VIL against the purchase order of Pusa Engineering College received through M/s. Computech Orbit. 13. On receiv....

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....rt has heard the submissions of learned counsel appearing for the Petitioners in both petitions i.e. FMPL and VIL and learned counsel appearing for UBI, the Respondent No.1 in both petitions. 18. Counsel for the Petitioners have placed extensive reliance on the judgment of learned Single Judge of this Court in Rajesh Gupta v. Central Bank of India [2013] 205 DLT 713, which interpreted Section 72 of the Contract Act, 1872 and held that once the Appellant in that case had proved receipt of the bank draft towards sale consideration and the bank had been unable to show irregularity in the same, there was no need for the Appellant to prove that the bank draft was genuine since its banker had made the payment thereunder. In such circumstances,....