CANARA BANK CANTONMENT BRANCH NOW THE ACCOUNT, AT THE ASSET RECOVERY MANAGEMENT BRANCH III FLOOR, SPENCERS TOWER NO. 86, M.G. ROAD BANGALORE - 560 001 REP. BY ITS SENIOR MANAGER H.N. PALLEGAR Vs. M/S. COMPUTER DATA APPLICATION PVT. LTD., 7/1, CR

JUDGEMENT

(1.) THE petitioner -Bank is before this Court in this writ petition being aggrieved by the order dated 30.09.1999 passed by the Debts Recovery Tribunal, Bangalore ('DRT' for short) in O.A. No. 778/1995 insofar as not allowing the application against the third respondent. The petitioner is also aggrieved by the order dated 12.10.2004 passed by the Debts Recovery Appellate Tribunal, Chennai ('DRAT' for short) in R.A.No. 3/2004 upholding the order of the DRT.

(2.) HEARD Sri Mohan Rao, learned counsel for the petitioner and Sri S. Sugumaran, learned counsel for the fourth respondent and perused the petition papers including the records received from the DRT. Respondent Nos. 1 to 3 have not responded to the notice and are placed ex -parte. Respondent Nos. 6 and 7 though served are unrepresented, who are in any event not necessary parties. Notice to respondent No. 5 had been dispensed at the request of the petitioner.

(3.) OUT of the two points which were raised for consideration by the DRT, the first point was for the petitioner -Bank to establish that the defendants were liable to pay the amount, which in any event is held in the affirmative. By the second point raised, the burden was cast on the third respondent as follows: (ii) Whether the third defendant proves that he has executed the bank guarantee only for Rs. 4 lakhs and the claim is barred by limitation?