PATWARI MOTORS STORES Vs. CENTRAL BANK OF INDIA
LAWS(DR)-2003-6-3
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on June 30,2003

Appellant
VERSUS
Respondents

JUDGEMENT

S.K.Mohapatra, - (1.)THIS pertains to the Miscellaneous Application No. 56/2002 filed on 7.10.2002 under Section 22(2)(h) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for refund order in terms of judgment dated 23.2.2001 passed by the Hon'ble Chairperson of DRAT in Appeal No. 22/2000.
(2.)Heard the parties and perused the application, reply and written arguments of parties.
It is precisely, the case of the applicant that Hon'ble DRAT while setting aside ex parte order dated 16.6.1999 has specifically directed on 23.2.2001 that all subsequent steps in the matter of execution of certificate stand set aside. In the light of observation of Hon'ble DRAT that "any sum lying with DRT in the process of Recovery shall also go back", Recovery Officer had directed on 16.4.2001 to inform the Bank for compliance of the said order. Thereafter, a legal notice was sent to the Bank on 10.5.2001 for refund of the amount. The applicant contends that since there was no refund by the Bank, the instant application was filed for direction for refund in compliance with the Hon'ble DRAT order.

(3.)BANK has controverted the contention of the applicant mainly on three grounds. Firstly it has been contended that refund, if any, is barred by limitation. Second contention is that there has been no direction of Hon'ble DRAT on BANK for refund of any amount. The third objection raised is that in view of consent status quo order dated 15.3.2002 of learned DRT, Patna refund of any amount does not arise.


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