SBI Vs. RAMAN KAPUR

JUDGEMENT

(1.) THE plaintiff has filed this suit for recovery of Rs. 84,37,759/- from the defendants. One of the employees of plaintiff viz. Raman Kumar in collusion with other defendants played fraud with the bank and siphoned off a sum of Rs. 58,16,728/- by a modus operandi, which in detail has been described in the plaint. The present suit is for recovery of the amount which was defrauded by the defendants. During pendency of the suit a question arose whether this suit is to be transferred to the Debt Recovery Tribunal in view of Section 17 of the Recovery of Debts due to Banks and Financial Institution Act, 1993.

(2.) SECTION 2(g) of the above Act defines 'debt' as under :