K A KUTTIAH Vs. FEDERAL BANK LIMITED

JUDGEMENT

(1.) The petitioner in this application under Article 227 of the Constitution of India, is one of the defendants in an Original Application before the Debts Recovery Tribunal, "DRT" for short, constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as "the Act").

(2.) During the course of the said proceedings, the petitioner filed Ext.P6 petition requesting the DRT to conduct an enquiry against the second respondent therein, the Chief Manager of the Bank, under Section 340 Cr.P.C. and to make a complaint to the Magistrate of the First Class having jurisdiction to initiate proceedings. That petition was supported by an affidavit. The allegations in the said affidavit require to be referred to, without prejudice to the contentions before the DRT, for the sole purpose of noting the broad features of the allegations of the writ petitioner, which are as follows:

(3.) The application of the petitioner was opposed.