RUSHIKULYA GRAMYA BANK Vs. GAJANAN ENGINEERING CO

JUDGEMENT

(1.) THE six defendants have never been found in controverting or disputing the claim amount of the applicant Bank which has been for an amount of Rs. 19,83,643/- to be split up into Rs. 1,94,216.00 as the Bank guarantee and the balance amount. From the record maintained in the present case, it has been further found out that those defendants have eagerly been interested in paying back the applicant Bank the sum which is apparently lesser than the sum as above. For the purpose of paying back the legitimate claim of the applicant Bank, the defendants have left no stone unturned. For example, the defendants appeared before the Hon'ble High Court at Cuttack which constituted, as the Court of record and for justice, the Lok Adalat. THE defendants were also agreeable for implementing into reality a consent decree of Rs. 25 lakh reached before the said alternative judicial forum; but that proposed consent decree has been strongly alleged to be abstained by the applicant Bank from being implemented.

(2.) When and whence the claim case instituted by the Bank against the above defendants has appeared before the Bench, this Tribunal has directly gathered the experience, stated below :

(3.) THE defendants have not only exhibited their mere compromising attitude; but the defendants have also rushed to this Tribunal when their proposal has been actually turned down by the applicant Bank. THE same fact may be described in the following manner :