VIKASH KUMAR KOTHARI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This judgment and order of ours will dispose of Writ Appeals Nos. 148/2002, 149/2002, 150/2002, 151/2002, 152/2002, 153/2002, 154/ 2002. 155/2002 and 156/2002, as identical questions of law and facts are involved in all these appeals. For ready reference facts are being taken from Writ Appeal No. 155/ 2002.

(2.) The respondent No. 1 herein, i.e., the State Bank of India had filed O.A. No. 36/ 1999 before the Debts Recovery Tribunal, Gauhati, against M/s. M. M. Agencies and 18 others. It has been alleged in the OA by the State Bank of India that defendants Nos. 18 and 19, i.e., Vikash Kumar Kothari and Anupam Kothari (the present appellants) were the guarantors for the loan given by the State Bank of India. Other defendants are the loanees. After service on the defendants /respondents in the OA, they appeared before the Registrar of the Debts Recovery Tribunal on 9-4-2001. On that date, a petition was filed by defendants Nos. 18 and 19 in the OA No. 36/1999 (Vikash Kumar Kothari and Anupam Kothari) that they were not guarantors and had nothing to do with the advancement of the loan to the other defendants/respondents and therefore it was prayed in the application that

(3.) The Registrar of the Debts Recovery Tribunal passed the following order on 9-4- 2001: