- (1.) Writ Petition No. 29076 of 2011 has been filed by the Union Bank of India, Sarvodaya Nagar, Kanpur (hereinafter referred to as the 'Bank') for quashing the order dated 18th February, 2011 passed by the Chairperson of the Debts Recovery Appellate Tribunal, Allahabad (hereinafter referred to as the 'Appellate Tribunal') in Appeal No. 614 of 2005 filed by Respondent Nos. 2 and 3-Arun Kapoor and Anant Ram Kapoor against the order dated 10th August, 2005 passed by the Debts Recovery Tribunal, Allahabad (hereinafter referred to as the 'Tribunal') in T.A. No. 1415 of 2000.
(2.) Writ Petition No. 29083 of 2011 has been filed by the Bank for quashing the order dated 18th February, 2011 passed by Appellate Tribunal in Appeal No. 663 of 2005 filed by Atul Kapoor and Smt. Asha Kapoor against the order dated 10th August, 2005 passed by the Tribunal in T. A. No. 1415 of 2000.
(3.) It transpires that M/s Asha Edible Oils Private Limited-Respondent No. 6 (hereinafter referred to as the 'Company') was granted credit facilities by the Bank. Respondent Nos. 2 to 5 are the Guarantors to the said credit facilities provided by the Bank but as the Company defaulted in payment, Original Application under Section 19 of the Recovery of Debts Due to the Bank and Financial Institutions Act, 1993 (hereinafter referred to as the 'Act') was filed by the Bank before the Debts Recovery Tribunal, Jabalpur for recovery of Rs. 12,38,91,472.00 with pendentilite and future interest. This application was subsequently transferred to Debts Recovery Tribunal, Allahabad and was numbered as T.A. No. 1415 of 2000. In the meantime, an order dated 5th October, 1999 was passed by the High Court in Company Application No. 5 of 1996 and the Company was directed to be wound up and Official Liquidator was appointed to proceed in accordance with law.;