SMT. POLY PAUL & ANR. Vs. CANARA BANK

JUDGEMENT

(1.) This revisional application is directed against an order dated 18th December 2017 passed by the Debts Recovery Appellate Tribunal, Kolkata in Appeal No. 116/2017/873.

(2.) An application was filed before the tribunal for recovery of money lent and advanced to the petitioner by the opposite party/petitioner. The petitioner also availed the benefit of the cash credit facilities to the extent Rs. 80,000/- per month. There appears to be some dispute on the actual amount payable by the petitioner. Naturally, the rate of interest varied from time to time and the due adjustment was also given to the petitioner to the amount deposited with the bank. Ultimately the tribunal found that the petitioner owed to the bank and allowed the said application directing him to pay the principal amount along with the interest. The order was initially carried to the appellate tribunal as the petitioner was not afforded an opportunity of hearing and in-fact the order was passed ex parte. The appellate tribunal set aside the said order and directed the Debts Recovery Tribunal to file application afresh. After the remand the tribunal again allowed the application and the order was further challenged in the instant appeal. The appellate tribunal found that the claim of the bank was justified and the petitioner has been granted six installments to repay the said amount.

(3.) A plea was taken before the appellate tribunal that unless the statement of accounts which was prepared for the year 2006-07 is reconciled, the tribunal cannot determine the amount due to the bank.