DURGA PLASTIC INDUSTRIES Vs. STATE BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) THE PO, DRT, Bangalore, allowed the Original Application (OA) mainly on the evidence of the defendant and no evidence was let in on the side of the applicant Bank and relying upon the defendant's evidence the OA has been allowed. Aggrieved against that order the appellant has come forward with this appeal.
(2.) Counsel for the appellant submits that the Bank has not adduced any evidence to prove the claim of the Bank and only on some admissions made by the defendant the PO, DRT, has allowed the OA and that is not proper. On a perusal of the order it is seen that the Bank has let in any evidence and there is only the evidence of the defendant available who has filed the affidavit in accordance with the reply statement. The PO, DRT, has mainly relied upon some of the admissions made by the defendant stating that the defendant has taken the loan from the Bank and has signed all the documents produced by the Bank and Exs. A1 to A10 are the documents signed by him and he admits all the documents produced by the Bank but he states that he is not due to pay the entire claim of the Bank. I do not know how these documents were admitted in evidence without examination of any Bank witness or even without filing any proof affidavit by the Bank. The documents have been marked on the side of the applicant Bank. It is not known how the documents have been marked in the absence of any evidence and proof affidavit filed by the Bank. The Bank which has filed the suit must establish before the Court with regard to the claim made by the Bank. The Bank has not adduced any evidence. Hence, I feel that this is a fit case for remand and the matter has to be decided afresh by giving opportunity to the Bank to let in evidence and also file the documents to substantiate the case of the Bank.
Hence, I feel that the order passed by the PO, DRT, is liable to be set aside and it is set aside. The matter is remanded back to PO, DRT, Bangalore. The PO, DRT, Bangalore, is directed to try this matter afresh by giving opportunity to both the parties to let in evidence and dispose of the matter according to law.;
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