SWAPAN KUMAR BARMAN Vs. ALLAHABAD BANK & ORS.

JUDGEMENT

(1.) This is a revisional application filed by Sri Swapan Kumar Barman under Art. 227 of the Constitution directed against the order No. 35 dated 30th June, 2000 in O.A. No. 225 of 1995. The relevant facts are as follows :

(2.) In 1995 the Respondent No.1, the Allahabad Bank, instituted a proceeding before the Debts Recovery Tribunal, Calcutta being O.A. No. 225 of 1995 praying for an order under Sec. 19(4) of the Recovery of Debts due to Banks & Financial Institutions Act, 1993 declaring the Respondent Nos. 1 and 2 jointly severally liable to pay an amount of Rs. 25,80,095.00 to the applicant with pendete lite interest at the agreed rate of 18% per annum till realisation of the whole amount and also praying for issue of a certificate under Sec. 19(7) of the said Act for recovery of the said sum.

(3.) The petitioner's case is that this application filed by the Bank before the Tribunal was wholly mala fide and the allegations made therein are wholly incorrect and untrue and in order to contest the same he has filed written statement there disputing them. The petitioner had a huge claim against the Bank on account of some loss suffered by it since at that time the Act had no provision for filing of any counter-claim by the petitioner, the petitioner filed a comprehensive suit in this High Court being suit No. 329/97 praying for a decree for declaration that the plaintiff (this petition) had suffered losses as a result of unreasonable acts and conducts of the defendant and further for a decree for declaration that the plaintiff was entitled to recover from the defendant a sum of Rs. 46 lakhs and add as compensation or damage and for permanent injunction restraining the defendant Bank from proceeding with the above-mentioned case No. O.A. 225/95 being filed before the Tribunal. In the meantime there has been an amendment of the Recovery of Debts Due to Banks and Financial Institutions Act 1993 with effect from 17th Jan., 2000 and by virtue of the same a respondent has been given the opportunity to file counterclaim before the Debt Recovery Tribunal.