LAWS(DR)-2003-9-7

SRI R VENKATARAMAN Vs. STATE BANK OF INDIA

Decided On September 09, 2003

JUDGEMENT

(1.) THE Appellant D-13 filed IA-131/ 2003 before the DRT, Bangalore fordismissal of the main OA of the applicant Bank as not maintainable. That petition was dismissed by the PO, DRT, Bangalore. Aggrieved against that order the Appellant has come forward with this Appeal.

(2.) The Counsel for the appellant submits that the OA filed by the Bank itself is not maintainable since the defendants do not owe any money to the Bank and the discounting of cheques and it is not Banking business and the OA filed by the Bank itself is not maintainable. The Counsel for the appellant further submits that there is no pleading at all in the plaint with regard to the amount due by D-13 and the OA filed by the Bank is not maintainable.

(3.) CONSIDERED the arguments advanced by the Counsels for both sides.