RUBEY PANDEY Vs. UNITED BANK OF INDIA
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) THE proceeding has been taken up on the basis of urgent application filed by the applicants on 18th November, 2005 for moving their application for stay of the recovery proceeding being numbered D.R.C. 277/02 arising out of Original Application No. 105/01.
(2.) At the outset, it has been submitted by the learned Counsel for the opposite party Bank that the applicants have suppressed one information that applicant No. 3, Triveni Devi has expired in the month of August, 2005 what they disclosed before the Recovery Officer. In the expedite application of the applicant Nos. 1 and 2 became silent on this matter and thereby it shows their ingenuineness about approach for relief. He has further submitted that Hon'ble High Court at Allahabad in W.P. No. 34997/05 has been pleased to dismiss their prayer for stay of recovery proceeding on 17th May, 2005 but they have not intimated this Tribunal. The copy of order dated 17th May, 2005 passed by the Hon'ble High Court in W.P. No. 34997/ 2005 has been filed by the opposite party Bank.
Put very briefly, the essential facts of the miscellaneous application No. 28/ 05 is as under.
(3.) ADMITTEDLY Original Application No. 105/01 initiated by the opposite party United Bank of India against defendant Nos. 1 to 3 namely Triveni Market, Kanpur, its proprietor Mr. Pratap Narain Pandey and guarantor Smt. Triveni Devi (now reported to be dead, by the opposite party Bank today) before this Tribunal and was for recovery of Rs. 15,31,812/- together with interest, costs and other usual relief the case was decided ex pane against them on 7th August, 2002.;
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