MAHAVIR METAL MART Vs. INDIAN BANK

JUDGEMENT

(1.) THIS Misc. Appeal is filed by the appellants/original defendants being aggrieved by the Order dated 30.5.2003 passed by the learned Presiding Officer of the Debts Recovery Tribunal-III, Mumbai on Exhibit No. 135 in Original Application No. 597/2000. By the impugned order, the learned Presiding Officer rejected the application made by the appellants for appointment of Commissioner to work out calculations of both the loan accounts in dispute i.e. cash credit (O.C.C.) account from 21.10.1976 and cash credit (key loan) account from 12.6.1973, after taking into account allegedly wrong entries in the credit facilities. Prayer of the application is that it would be just necessary and proper to appoint Court Commissioner, who is well acquainted with the subject of accountancy.

(2.) The whole controversy had arisen because of the allegation of the appellants that calculation of the interest amount shown as due from the defendants is not properly done by the applicant Bank and, therefore, the prayer for appointment of Commissioner.