VISHNU KUMAR SUREKA Vs. CANARA BANK
DEBTS RECOVERY APPELLATE TRIBUNAL
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(1.) THE appellant has preferred this appeal against the order dated 17.2.2005 passed by the Tribunal below rejecting his I.A. No. 626/2004 in T.A. No. 582/2002 for cross-examination of the Bank's witness PW 1 Mr. Praveen Sharma.
(2.) The appellant herein is defendant No. 3 (iii) in T.A. No. 582/2002 being the LR of deceased defendant No. 3. The 1st respondent-Bank herein filed a suit No. 709/1986 in the Hon'ble Delhi High Court for the recovery of Rs. 35 lakh and odd against M/s. Rachna Industries, a proprietary concern of Mr. R.K. Sureka who was joined as the defendant No. 2 and late Mr. Sita Ram Sureka joined as the defendant No. 3 being guarantor. The suit was transferred to the DRT-III Delhi and was registered as T.A. No. 582/2002. The defendant No. 3 Mr. Sita Ram Sureka expired on 1.10.2003 and his four sons including the appellant herein Mr. Vishnu Kumar Sureka came to be brought on record as his LRs.
The Bank's witness Mr. Praveen Sharma filed affidavit before the Debts Recovery Tribunal (DRT) from the side of the Bank, inter alia, proving the following documents:
(i) Letter of guarantee marked as Ex. P-16 said to have been executed by the respondent No. 3 (Mr. Sita Ram Sureka);
(ii) Statement of account titled LAM A/c marked as Ex. P-40; and
(iii) Statement of account titled Bills Purchase marked as Ex. P-41.
(3.) THROUGH the above said IA, the appellant herein prayed for his cross-examination on the above documents. The application was opposed from the side of the respondent-Bank and ultimately rejected by the impugned order passed by the Tribunal below.;
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