PUNJAB NATIONAL BANK Vs. BOERICKE HOMEO PHARMACY

JUDGEMENT

(1.) THIS day has been fixed for delivering an Order in connection with an application preferred by the aggrieved applicant Bank under Clause (e) of Sub-section (2) of Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act No. 51 of 1992) against the judgment delivered by this Tribunal on Wednesday, June 19, 2002 in the case of TA/53 of 2002 arising in the matter of Punjab National Bank, Garpar Branch, III-A, Acharya Prafulla Chandra Road, Kolkata-700 009 v. Boericke Homoeo Pharmacy and 4 Ors.

(2.) In the said judgment, I was pleased to direct by an Order to allow the application preferred by the applicant Bank; and was also pleased to direct all those respondents to pay a sum of Rs. 2,09,723.87 by way of two instalments to be made payable to the applicant Bank.

(3.) A copy of the review application was found to be accompanied by a fee of Rs. 5,000/; and in strict compliance with the direction issued by the learned Registrar-in-charge of the Registry of this Tribunal, a copy of such application was served upon those respondent-cum-opposite parties. The said application for review was challenged vehemently in the written objection rued by those opposite parties-cum-respondents on Monday, August 12, 2002. In compliance with a direction issued by this Tribunal, the applicant Bank filed one written reply on Wednesday, September 11, 2002 wherein it made reply after reply to the objections, raised by those respondents in their written objection; mention may be made of that on Thursday, August 22, 2002 those respondents made one application for the reason of passing the modification of the Order made on Wednesday, June 19, 2002. In that application it has been averred by those respondents-cum-opposite parties that as those ones have already paid a total sum of Rs. 10.25 lakhs to the applicant Bank, there has been made a succinct plea and prayer for modification of the said Order being accompanied by a further prayer to allow those respondents to pay Rs. 50,000/- as the second instalment on Thursday, August 22, 2002. To that application as the applicant Bank had been found not to have raised any objection, those respondents were granted liberty on Friday, August 23, 2002 to pay the said amount. Accordingly, this Tribunal became of the view that the Order passed on June 19, 2002 was found that day to have been fully carried out by way of paying two instalments in this Tribunal on two different days and dates, so far as the contention of those opposite parties is concerned.