KANAK UDYOG INDIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the three writ petitions involving the same parties have been heard together and are being disposed of by this common judgment and order.

(2.) The basic issues, involved in the writ petitions are in respect of the proceedings before the Debts Recovery Tribunal and the order passed therein, are as follows:-

(3.) The first two writ petitions being WP(C) No. 6398 of 2003 and WP(C) No. 6399 of 2006 are in respect of original applications being O.A. No. 56 of 1997 and O.A. No. 57 of 1997 since attained finality. The Tribunal by its common judgment and order dated 22.07.2003 held that the applicant/bank, i.e., the Respondent No.4 is entitled to get the certificates to recover the amounts from the defendants/petitioners. Accordingly, the certificates in respect of both the original applications have been issued towards recovery of the amounts indicated in the judgment and order. Be it stated here that the proceedings before the Tribunal were initiated by the Bank on failure of the writ petitioners to repay the loan taken. At the time of institution of the writ proceedings, the total liability of the petitioners stood at Rs. 78,85,510.44 in respect of O.A. No. 56 of 1997 and Rs. 1,14,94,681.85 in respect of O.A. No. 57 of 1997. The amount was calculated up to 31.10.2003.