H S GURURAJA RAO Vs. PRESIDING OFFICER BANGALORE

JUDGEMENT

(1.) KARNATAKA Bank Limited respondent No. 2 hereinafter referred to as the Bank filed O. A. No. 511/97 on the file of Debt Recovery Tribunal (for short, the Tribunal) seeking issuance of a recovery certificate jointly and severally against all the respondents for payment of Rs. 62,89,040/- with interest at 24% p. a. compounded quarterly from 12-12-96 to date of payment and on default for sale of mortgage property described in the schedule to the application. M/s. ACE Pack Containers Pvt. Ltd. first respondent in the proceedings was the debtor, respondents 2 to 6 before the Tribunal were its Directors and the 7th respondent (appellant herein) was the guarantor. According to the Bank, the appellant had executed two letters of guarantee dated 18-6-93 and 8-12-93 in favour of the Bank and it also executed a memorandum of deposit of title deeds in regard to the property described in the schedule to the Bank on 18-6-93 and 8-12-93.

(2.) ). Respondents were served. Appellant entered appearance before the Tribunal and contested the matter. In the written statement filed by the appellant, the plea taken is that he had no personal liability and the guarantee was limited to the amounts mentioned in the guarantee letters and also restricted to the value of the residential houses which were offered as security to the mortgage. He had also mentioned that he had no objection to the recovery of the amount due against the suit schedule property which had been secured by him in favour of the Bank.

(3.) APPELLANT filed 3 interlocutory applications :a) I. A. I seeking a direction to the Bank for discovery and for production of the documents, letters, orders etc. listed in detail as Sl. Nos. (ii) to (xviii) in the affidavit filed in support of the application and furnish copies thereof to him. b) I. A. II seeking dispensation of his presence on 6-3-98 and on subsequent dates of hearing, until the matter is posted for evidence. c) I. A. IV requesting the Tribunal to consider the preliminary objection raised by him in the supporting affidavit, before recording evidence in the suit, and dismiss the suit against him with costs.