Honourable Sudhir Agarwal, J. - (1.) BOTH the aforesaid writ petitions under Article 22State Bank of India v. Ranjan Chemicals Ltd. and another, 2006) 134 CC 24 (SC); 6 of Constitution of India have been filed by State Bank of India (hereinafter referred to as "SBI") aggrieved by the order dated 19.4.2002 passed by Debt Recovery Tribunal, Allahabad (for short 'DRT'), dismissing TA No. 11/2000, State Bank of India v. Om Narain Agrawal and 11/2002, Om Narain Agrawal v. Regional Officer, State Bank of India and another and the Appellate order dated 4.10.2007 passed by Debt Recovery Appellate Tribunal, Allahabad (for short 'DRAT') dismissing two Appeals No. R-167/02 and R-465/04 filed by SBI.
(2.) THE facts giving rise to the present dispute are as under. It is alleged that respondent No. 1 Om Narain Agrawal s/o Late Shanti Swaroop Agrawal, resident of Seth Kali Charan Road, Shahjahanpur opened a current account No. 2870 on 3.9.1991 at Kashi Nath Seth Bank Ltd (hereinafter refer to as 'KNSB') having its registered office at Kali Charan Road and central office at Bahadur Ganj Shahjahanpur. He withdrew a huge amount as overdraft from the aforesaid account through nine cheques as under: FRM-S.No. Date Cheque No. Amount in Rs. 1. 3.9.1991 107124 1,75,000.00 2. 23.1.1992 000012 12,15,000.00 3. 11.3.1992 000013 5,00,000.00 4. 3.3.1992 000014 1,51,100.00 5. 4.4.1992 000015 12,00,000.00 6. 8.5.1992 000016 2,00,000.00 7. 18.1.1993 000018 12,50,000.00 8. 1.2.1993 000017 9,50,000.00 9. 3,4.1993 000019 10,00,000.00 Total (Rs.) 66,41,100.00 Since a huge debit balance was shown in the aforesaid account a legal notice dated 28.9.1994 was served by KNSB upon respondent No. 1, requiring him to settle entire amount but he failed. Consequently KNSB filed Suit No. 268 of 1995 against respondent No. 1 for recovery of Rs. 61,75,000/- along with interest of 21.75 percent per annum. The aforesaid Suit was filed in the Court of Civil Judge (Senior Division), Shahjahanpur. However, even earlier to filing the aforesaid suit by KNSB, respondent No. 1 himself filed O.S. No. 380 of 1994 in the Court of Civil Judge (Senior Division) Shahjahanpur, seeking a permanent injunction, restraining SBI from recovering Rs. 42,09,163.86 from him. The respondent No. 1 on 2.5.1998 filed an application under Section 10 CPC in O.S. No. 268 of 1995, requesting for stay of proceedings since the aforesaid suit was liable to be transferred to the Banking Tribunal at Jabalpur. The aforesaid suit however, was transferred to DRT, Allahabad after the enforcement of Recovery of Debts Due to Banks and Financial Institution Act, 1993, (hereinafter refer to as" 1993 Act") and registered as T.A. No. 11/2000. The Bank moved an application before DRT, Allahabad, praying that since the suit filed by respondent No. 1 also relates to the same cause of action, in view of Section 31 of 1993 Act, record of aforesaid suit be also summoned from Civil Judge (Senior Division). Consequently the aforesaid suit also stood transferred to DRT and registered as T.A. No. 11/2002.
(3.) RESPONDENT No. 1 in his written statement filed before DRT in the Bank's suit averred that he had never opened any account nor had withdrawn any amount, alleged as overdraft facility, and is not liable to pay the amount sought to be recovered from him. He said that there were three current accounts with the aforesaid Bank in the name of M/S Agrawal Sales Corporation, M/S Uma Sales Corporation and M/S Sudha Sales Corporation. RESPONDENT No. 1 had not opened any account bearing current account No. 2870 on 3.9.1991 or any other date latsoever. The Bank got an affidavit of Sri RD. Gupta the then Bank Manager, and, Sri S.B. Bajpai, filed before DRT in evidence to prove its case. These two officials were also examined before Tribunal.;