B B ENGINEERING WORKS Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The opposite party filed O.A. No. 107 of 1994 against the petitioners before the Debts Recovery Tribunal (I), Kolkata, inter alia, praying for certificate or order for payment of a sum of Rs. 10,32,617.84 along with interest and also for declaration that the assets mentioned in the schedule to the said application remain hypothecated and charged to the opposite party as security. The said O.A. No. 107 of 1994 was transferred to Debts Recovery Tribunal (III), Kolkata and was renumbered as T.A.No.83 of 2002.

(2.) That on receiving a copy of the said O.A. No. 107 of 1994 the petitioners appointed M/s. T. Paul Company, Chartered Accountants to scrutinise the statement of accounts. The petitioners alleged that on scrutiny it was found that the opposite party by reason of arithmetical and clerical errors in the statement of accounts increased its alleged claim by a sum of Rs. 92,436.36. The petitioner's submitted that if a sum of Rs. 92,436.36 is deducted from the purported claim of the opposite party then such claim stands reduced to Rs. 9,40,181.48.

(3.) The petitioners filed an application before the Tribunal for dismissing the said T.A. No.83 of 2002 on the ground, inter alia, that the learned Tribunal has no pecuniary jurisdiction to entertain, try and determine the said T.A. No.83 of 2002 since according to the petitioners alleged claim has to be reduced to Rs. 9,40,181.48.