- (1.) Canara Bank, Tiruppur (first respondent herein) filed O.A. No. 152 of 2002 before Debt Recovery Tribunal, Coimbatore for a decree directing the defendants therein to pay a sum of Rs.29,68,161.93 with interest at 17% per annum, being the amount on account of Open Cash Credit facilities; a sum of Rs.30,82,758 being the amount due on account of packing credit facilities and a sum of Rs.99,00,558 being the amount due for Foreign Bills of Exchange facilities and also for a further direction.
(2.) The petitioner and respondent nos. 2 to 6 herein preferred I.A. No. 873 to 875 of 2007 before the Tribunal seeking a direction to produce the extract of accounts as well as documents relating to banking transactions. Those applications were opposed by the bank contending that none of the documents sought for were germane to the issue to be decided in the applications but only to protract the proceedings. The applications were rejected by the tribunal on the ground that the intention of the petitioner was only to delay the proceedings, against which the petitioner herein filed writ petition nos. 14428-14430 of 2008 before the High Court of judicature at Madras. It was contended before the learned Single Judge of the High Court that the documents and accounts paid for are absolutely necessary for the purpose of filing additional written statement and that the bank cannot withhold those documents. The prayer was opposed by the bank stating that none of the documents sought for were germane to the issue to be decided and attempt was only to protract the proceedings. Further, it was also contended that in view of the matter, the petitioner had an alternative remedy available under the Act.
(3.) Learned Single Judge passed an elaborate order and allowed the writ petition and held that the petitioner therein had made out a case for production of documents sought for in I.A. Nos. 873 to 875 of 2007 except the promissory notes which were reported to be untraceable. Canara Bank took up the matter in appeal before the Division Bench by filing writ appeal Nos. 559 to 561 of 2009. Writ appeals were allowed holding that the petitioner had not availed of the alternative remedy available under Section 20 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (for short 'the Act'). Aggrieved by the same, this appeal has been preferred.;