PUNJAB NATIONAL BANK Vs. TARACHAND ASHOK KUMAR AND ORS.

JUDGEMENT

(1.) THE review application preferred by the Bank on Monday, November 11, 2002 has been pending for more than three years. The said review application has been accompanied by one affidavit affirmed by Shri Sibeswar Das as the Manager of the Give Row Branch of the Bank. The said review application has been preferred by the Bank under Clause (e) of Sub -section (2) of Section 22 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (Act No. LI of 1993). The said reviewist Bank has intended, instead of preferring the appeal, to make and prefer, as the aggrieved person, the petition to review which has been aimed against the judgment and order pronounced by this Tribunal under Sub -section (2) of Section 19 of the said Act. Accordingly, the present application has been preferred on behalf of the Bank under Clause (e) of Sub -section (2) of Section 22 of the said Act reading as "reviewing its decisions".

(2.) BEFORE dealing with the above application, this Tribunal intends to mention that on Wednesday, September 11, 2002 it has been factually pleased to allow the claim application of the Bank against the defendant Nos. 1 to 4 and against the defendant Nos. 10 to 14. At the same time, this Tribunal had been pleased to dismiss the claim application of the Bank against the defendant Nos. 5 to 9, for the applicant Bank had been unable to prove its case of the equitable mortgage against the defendant Nos. 5 to 9.

(3.) THE Bank has filed the said application against the fourteen defendants. The Bank has also the Title Suit No. 35 of 1990 before the First Court of the Assistant District Judge, Alipore, against the said defendants.