T P VISHNU KUMAR Vs. CANARA BANK

JUDGEMENT

(1.) THESE writ petitions are directed against the order dated 18.2.2008 in I.A.Nos.873 to 875 of 2007 in O.A.No.152 of 2002 on the file of Debt Recovery Tribunal, Coimbatore whereby the applications preferred by the petitioner to direct the first respondent to produce the extract of accounts as well as documents relating to banking transactions were rejected by the Tribunal.Background Facts:-

(2.) THE factual details necessary for the disposal of the writ petitions are as under:-THE first respondent M/s. Canara Bank, Tiruppur preferred Original Application in O.A.No.152 of 2002 against the petitioner and ten others before the second respondent Tribunal praying for a decree directing the defendants in the O.A. to pay a sum of Rs.29,68,161.93 with interest at 17% per annum, being the amount on account of Open Cash Credit facilities a sum of Rs.30,82,758/- being the amount due on account of packing credit facilities and a sum of Rs.99,00,558/- being the amount due for Foreign Bills of Exchange facilities and for a further direction to realise the amount by way of sale of the immovable property of the guarantor without prejudice to the right to claim a personal decree. Original Application by the Bank:-

(3.) IN I.A.No.873 of 2007, the request of the petitioner was to cause production of the entire accounts pertaining to the account of the third respondent firm maintained by the Bank with effect from the date of opening of the account and till 30.6.1999. IN I.A.No.874 of 2007, the petitioner prayed for production of documents pertaining to the communication with the banker of the purchaser as well as communication pertaining to the promissory note received by them in respect of two bills. Similarly in I.A.No.875 of 2007 the request was to cause production of all the communication exchanged between the first respondent Bank and ECGC pertaining to the account of the third respondent firm.