PATWARI MOTORS STORES Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THIS pertains to the Miscellaneous Application No. 56/2002 filed on 7.10.2002 under Section 22(2)(h) of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for refund order in terms of judgment dated 23.2.2001 passed by the Hon'ble Chairperson of DRAT in Appeal No. 22/2000.

(2.) Heard the parties and perused the application, reply and written arguments of parties.

(3.) BANK has controverted the contention of the applicant mainly on three grounds. Firstly it has been contended that refund, if any, is barred by limitation. Second contention is that there has been no direction of Hon'ble DRAT on BANK for refund of any amount. The third objection raised is that in view of consent status quo order dated 15.3.2002 of learned DRT, Patna refund of any amount does not arise.