ORIENTAL BANK OF COMMERCE Vs. MOHAN GUPTA

JUDGEMENT

(1.) This is anappeal preferred by the defendant for setting aside the order dated 12.7.1995 passed by Deputy Registrar (Original Side) transferring the Suit No. 550/94 to the Debt Recovery Tribunal.

(2.) The present suit had been filed by the plaintiff bank against defendant Sh. Mohan Gupta for recovery of Rs. 18,26,014.22 (Rs.Eighteen lacs twenty six thousand fourteen and twenty two paise). The suit was titled as a mortgage suit under Order 34 CPC. The defendant was an officer in the establishment department, processing the vouchers of travel expense and allowance, claims for medical/hospitalisation and cases for grant of medical aid. The defendant was also holding authorization for passing voucher for payment, issuance of payment orders and allowing cash payments. The defendant was accused of forgery and falsification of records and embezzlement of lacs of rupees. It was averred that the defendant opened fictitious accounts, drew cheques and got them encashed and embezzled the amounts. The details of amounts embezzled were set out and as given in para 6 of the plaint total Rs. 16,47,356.29 (Rs. Sixteen lacs fourty seven thousand three hundred fifty six and twenty-nine paise).

(3.) The defendant it appears had also obtained a loan for construction of a house as well as a car loan for Rs. 1,49,700.00 approx. The allegation in the plaint was that he had created an equitable mortgage of the plot in question namely 230, Bodala Residential Scheme.