LAWS(DR)-2003-2-10

MALPANI MARBLES AND GRANITES PVT LTD Vs. ALLAHABAD BANK

Decided On February 28, 2003

JUDGEMENT

(1.) THE appellants are the defendants in O.A. 545/96 filed before the Debts Recovery Tribunal, Jaipur (hereinafter referred to as 'the DRT') for the recovery of Rs. 18,28,773/- with subsequent interest and costs. THE learned Presiding Officer of the DRT passed the final order dated 26.4.2001 for the recovery of the above said sum with interest @ 6% per annum from the date of application, namely, 3.1.1995 till the recovery with costs from defendants 1, 3 and 4 jointly and severally.

(2.) The 2nd defendant had died, and his legal representatives are defendants 2/1, 2/2, 2/3 and 3 to 11 whose liability was limited to the extent of the money realised by the sale of Property No. 10, Film Colony, S.M.S Highway, Jaipur as co-owners and legal heirs of the 2nd defendant.

(3.) AGGRIEVED, the defendants have filed this appeal. The respondent-Bank has filed a suitable reply opposing the appeal. The appellants have also filed a rejoinder.