- (1.) HEARD Sri A. K. Singh, learned counsel for the petitioner, and Sri Tarun verma, learned counsel for the Allahabad bank.
(2.) ORIGINAL Application No. 60 of 2004 was initiated by the Allahabad Bank, a body corporae and Banking Company constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, V of 1970 having its Head Office at 2, Netaji Subhas road, Kolkata - 700001 and a Branch amongst others at I. B. B. Branch Nadesar, district Varanasi, against the present petitioner under Section 19 of the Recovery of debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the Act, 1993) for recovery of total sum of rs. 24,05,860/- along with pendente lite and future interest at the rate of 20% per annum. In the aforesaid original application a compromise was arrived at between the present petitioner, Smt. Shashi Agrawal, who was guarantor of the loan advanced in favour of M/s. Alex Enterprises and Sri Kamta prasad, whereunder, a sum of Rs. 15. 50 lacs was to be paid to the Bank for the satisfaction of the entire outstanding dues with a further stipulation, which is borne out from the compromise dated 9th March, 20p7. and reads as follows : "you will have to withdraw all the cases filed against the Bank and till such time neither No dues certificate will be issued nor documents will be handed over to you. "
(3.) PETITIONER is stated to have deposited the said amount of Rs. 15. 50 lacs in terms of the compromise. However, all the cases instituted against the Bank were not withdrawn. Petitioner made an application before the Debt Recovery Tribunal at Allahabad stating therein that since the money i. e. Rs. ,15. 50 lacs has been deposited in terms of the compromise, the original application filed by the Bank be dismissed.;