SRI R VENKATARAMAN Vs. STATE BANK OF INDIA
LAWS(DR)-2003-9-7
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on September 09,2003

Appellant
VERSUS
Respondents

JUDGEMENT

A.Subbulakshmy, - (1.)THE Appellant D-13 filed IA-131/ 2003 before the DRT, Bangalore fordismissal of the main OA of the applicant Bank as not maintainable. That petition was dismissed by the PO, DRT, Bangalore. Aggrieved against that order the Appellant has come forward with this Appeal.
(2.)The Counsel for the appellant submits that the OA filed by the Bank itself is not maintainable since the defendants do not owe any money to the Bank and the discounting of cheques and it is not Banking business and the OA filed by the Bank itself is not maintainable. The Counsel for the appellant further submits that there is no pleading at all in the plaint with regard to the amount due by D-13 and the OA filed by the Bank is not maintainable.
The Counsel for the respondent Bank submits that whether the OA filed by the Bank is maintainable or not or whether the Defendants owe any money to the Bank, all these things can be decided only in the OA by elaborate enquiry and that cannot be decided in the Interlocutory Application. The Counsel for the respondent Bank further submits that the transactions relate to discounting of cheques and this relates only to Banking transaction and these transactions very much amount to Banking business and the OA filed by the Bank is very well maintainable.

(3.)CONSIDERED the arguments advanced by the Counsels for both sides.


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