SUDHIR LOHIA Vs. CHAIRMAN DEBTS RECOVERY APPELLATE TRIBUNAL

JUDGEMENT

(1.) These two writ petitions are directed against the concurrent finding of facts arrived at by the Debts Recovery Tribunal (hereinafter referred to as the Tribunal) and Debts Recovery Appellate Tribunal (hereinafter referred to as Appellate Tribunal). The basic facts and the grounds on which the writ petitions are structured being more or less the same and as agreed to by the learned counsel for the parties, both the writ petitions have been heard together and are being disposed of by this common judgment and order.

(2.) The respondents State Bank of India had instituted two suits against the appellants and one Ram Gopal Lohia for recovery of its debts. The said suits were registered and numbered as Money Suit No. 12/85 and Money Suit No. 14/85, which was subsequently registered and numbered as Money Suit Nos. 60/86 and 74/86 respectively. With the creation of the Debts Recovery Tribunal upon enactment of the recovery of debts due to "Banks and Financial Institutions Act, 1993", both the suits were transferred to the said Tribunal and were renumbered and registered as Original Application Nos. 84/97 and 87/97.

(3.) Both the suits were instituted against the respondent No. 4 partnership firm and the individual defendants who are the partners of the said firm. Late Ram Gopal Lohia was the alleged guarantor who during the pendency of the proceeding expired and accordingly his legal heirs i.e. the petitioners were substituted in his place. Late Ram Gopal Lohia was also party defendant to the suits.