LAWS(MAD)-2019-11-309

KUMAR CONSTRUCTIONS Vs. INDIAN BANK

Decided On November 11, 2019
KUMAR CONSTRUCTIONS Appellant
V/S
INDIAN BANK Respondents

JUDGEMENT

(1.) The Petitioner, M/s.Kumar Constructions, the borrower filed an Application in I.A.No.546 of 2019 seeking leave of the court to cross examine the Official of the Bank which came to be dismissed by the learned DRT by its order dated 3.6.2019. While, the learned DRT rejected the Application filed by the Petitioner/borrower had observed as under:-

(2.) Being aggrieved by the order passed the learned Tribunal, the Petitioner had filed an Appeal before the DRAT which also came to be dismissed by the learned DRAT on 15.10.2019 upholding the order passed by the learned DRT. The observation made by the learned DRAT is quoted below for ready reference:-

(3.) The learned counsel for the Petitioner Mr.T.V.Suresh Kumar has urged before us that the delay of 20 years cannot be attributed to the Petitioner and since a large number of documents were sought to be produced by the Respondent Bank, the Petitioner/borrower wanted to cross- examine the Bank Officials about such filing of large number of documents, however, only 24 documents alone were marked by the learned DRT. He further submits that even subject to cost, the Petitioner may be allowed to cross-examine the Bank officials with regard to the said documents proposed to be filed by the Bank.