LAWS(ALL)-2011-7-97

STATE BANK OF INDIA Vs. OM NARAIN AGRAWAL

Decided On July 07, 2011
STATE BANK OF INDIA Appellant
V/S
OM NARAIN AGRAWAL Respondents

JUDGEMENT

(1.) BOTH the aforesaid writ petitions under Article 22State Bank of India v. Ranjan Chemicals Ltd. and another, 2006) 134 CC 24 (SC); 6 of Constitution of India have been filed by State Bank of India (hereinafter referred to as "SBI") aggrieved by the order dated 19.4.2002 passed by Debt Recovery Tribunal, Allahabad (for short 'DRT'), dismissing TA No. 11/2000, State Bank of India v. Om Narain Agrawal and 11/2002, Om Narain Agrawal v. Regional Officer, State Bank of India and another and the Appellate order dated 4.10.2007 passed by Debt Recovery Appellate Tribunal, Allahabad (for short 'DRAT') dismissing two Appeals No. R-167/02 and R-465/04 filed by SBI.

(2.) THE facts giving rise to the present dispute are as under.

(3.) RESPONDENT No. 1 in his written statement filed before DRT in the Bank's suit averred that he had never opened any account nor had withdrawn any amount, alleged as overdraft facility, and is not liable to pay the amount sought to be recovered from him. He said that there were three current accounts with the aforesaid Bank in the name of M/S Agrawal Sales Corporation, M/S Uma Sales Corporation and M/S Sudha Sales Corporation. RESPONDENT No. 1 had not opened any account bearing current account No. 2870 on 3.9.1991 or any other date latsoever.