BANK OF INDIA Vs. ESSPO SALES
LAWS(DR)-2003-10-10
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on October 23,2003

Appellant
VERSUS
Respondents

JUDGEMENT

S.K.Mohapatra, - (1.)THIS pertains to the petition filed by the defendant No. 2 on 3.12.2001 questioning the jurisdiction of this Tribunal to decide the instant Original Application No. 151/2000 arising from Execution (PT) Case No. 115/98.
(2.)Heard the arguments of parties and I have also perused the petition and written arguments filed by the applicant Bank.
The main contention of the applicant is that the Execution (PT) Case No. 115/98 (Bank of India v. Esspo Sales and Ors.) has already been dismissed by this Tribunal on 13.9.2000 and, therefore, filing of the original application arising out of the said Execution (PT) No. 115/98 cannot arise. The applicant has also raised objection on the ground of limitation and on the count of principle of res judicata.

(3.)APPLICANT Bank on the contrary has contended that their claim filed initially before the Certificate Officer has not yet been adjudicated upon on merit, and, therefore, this Tribunal should adjudicate the claim of Bank. It has also been inter alia contended that on transfer of the certificate proceeding the same has been wrongly registered as execution proceedings and for the mistake of the Court parties ought not to suffer. It is further the case of the applicant that the objection on the ground of res judicata and limitation is not applicable to the present claim.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.