UNITED BANK OF INDIA Vs. KARTIK CHANDRA ROUT

JUDGEMENT

(1.) FROM the materials on record the application of the applicant Bank filed on May 30, 1997, the written statement filed by the defendant No. 1 on September 14, 2001, the evidence-on-affidavit affirmed by the Manager of the application Bank, which has been filed on August 31, 2001, the evidence-on-affidavit filed by the defendant No. 1 on January 11, 2002 and lastly, one memo filed by the substituted defendants named Shri Tadit Kumar Rout and Shri Ranjit Kumar Rout filed on February 20, 2004 which have been carefully considered, this Tribunal is arriving at a material finding that the claim case of the applicant Bank bearing No. O.A. 61of 2001 which is in fact the renumbering of O.A. 161 of 1998, when it is pending before the learned Debts Recovery Tribunal at Patna, is being found in possession the peculiar characteristic features of its own, being mentioned below:

(2.) The specific contention raised as regards that the evidence through affidavit is not at all an evidence has also been heard from those defendants.

(3.) NEVERTHELESS, this judicial body has suddenly received the proposal for settlement made on February 20, 2004 by the surviving two sons of the original deceased-defendant No. 1, who are at present the substituted defendant Nos. (a) and (b), to the applicant Bank, according to which those substituted defendants have expressed their eager intention to avail themselves of one time settlement and to settle the disputed accounts after offering an amount of Rs. 2,50,000/- to the Bank which has resulted in fact the clear abandonment of the earlier pleas raised on their behalf.