CENTRAL BANK OF INDIA Vs. SOUTH INDIAN BANK LTD
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) BY consent of both the parties, both the appeals were heard together and a common order has been passed.
(2.) The appellant filed Applications IA-509 & 510/2004, seeking permission of the DRT to lead oral evidence of his own witness to substantiate its defence and the same came to be dismissed by order dated 15.11.2006. Aggrieved by the same, this appeal has been filed.
I have the learned Advocate for the appellant and the 1st respondent.
The learned Advocate for the appellant has taken me through the affidavit, which was filed before the DRT, wherein it is stated that the then Manager of the appellant-Bank and some other officer have committed certain frauds, which made the appellant-Bank to incur certain losses also. That only in the said circumstances, the appellant has chosen to file applications to examine the appellant-Bank's witness.
(3.) THE learned Advocate for the 1st respondent Bank viz. South Indian Bank, contends that there is no provision either in the Act or in the rules framed under the RDDB & FI Act, 1993, enabling the person to examine-in-chief of its own witness and, therefore, the applications filed by the appellant is not at all sustainable.;
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