STANDARD CHARTERED BANK Vs. UNION BANK OF INDIA
LAWS(DR)-2005-8-15
DEBTS RECOVERY APPELLATE TRIBUNAL
Decided on August 10,2005

Appellant
VERSUS
Respondents

JUDGEMENT

Pratibha Upasani, - (1.) THIS misc. appeal is filed by the appellants/original defendant No. 1 Standard Chartered Bank being aggrieved by the order dated 13th December, 2004 passed by the learned Presiding Officer of D.R.T.-II, Mumbai on Exhibit No. 18 in Original Application No. 3189 of 2000. By the impugned order, the learned Presiding Officer allowed the application of the applicant Bank namely Union Bank of India for leading secondary evidence through xerox copies of 15 documents listed in the schedule annexed to the application.
(2.) The defendants opposed this application inter alia on the ground that no case for leading secondary evidence was made out. Their resistance however was restricted to only one document viz. cheque bearing No. 842033 dated 3rd April, 1993 for Rs. 11,29,889.20, a copy of which was filed at Serial No. 1 of the schedule. The learned Presiding Officer after hearing both the sides and after going through the application and the reply, allowed the said application and in my view, rightly so.
(3.) IN the application made by the applicant Bank, it was stated that the original documents were not traceable with the applicant Bank in spite of search as affirmed by Mr. Dada Kachru Nikam, clerk of the applicant Bank, who was working in the relevant section at that time. Mr. Dada Kachru Nikam also vouchsafed about the authenticity of the xerox copies. It was averred by him that he himself had taken xerox copies from the originals. IN support of the said application, affidavit of Mr. R.L. Somai, Manager of the applicant Bank was also filed, in which it was stated that the matter had been handled by three different lawyers i.e. M/s. Mahimtura and Co., M/s. Shah, Desai, Doijode and Phaterpekar and Mr. S.S. Gupte and that the documents were also not available with any of the lawyers.;


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