ADRSH INDUSTRIES Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) These two applications under Article 226 of the Constitution of India are filed for issuing a writ of certiorari by calling upon the order passed by the Debts Recovery Appellate Tribunal, Chennai in R.A. No. 2 of 2008, dated 14.3.2008 and to quash the same.

(2.) Relevant facts, shorn out of details, which give rise to filing these writ petitions, are as under:

(3.) The borrower resisted the claim of the Bank contending that the shortfall amount of Rs. 13,33,942/- is receivable from the Insurance Company against the claim made by it and the same could not be received as the Bank has settled the matter with the Insurance Company. It is further contended that interest of Rs. 26,30,000/- added to the loan account after the fire accident should be given credit and cannot be included in the claim.