DHRUPJEE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) ALL things considered the fact of the matter is that the appellants applied for a loan from the Bank of India in 1981 to purchase a 110 KVA Kirloskar Generator for running their cold storage. The Bank sanctioned a sum of Rs. 1,97,000.00. The appellants submitted documents as a demand promissory note, an agreement for hypothecation, a declaration of hypothecation of stocks and a letter of lien.

(2.) WHEN the time came to discharge the loan the appellants resorted to all sorts of legal engineering to ensure that the loan is not paid. The appellants took the Bank to the brink so as to obliging the bank to file a claim before the Debts Recovery Tribunal, Patna which was registered as Case No. PT 154 of 1998; Bank of India, Siwan Branch v. Janta Cold Storage, Siwan. The round of the proceedings before the Debts Recovery Tribunal initially a suit was filed by the Bank, which stood transferred upon coming of Recovery of Debts due to the Bank and Financial Institutions Act, 1993.

(3.) WHILE the proceedings before the Tribunal were left pending to take its recourse under the Act, the appellants were obliged under the law to make deposit but this was not done by them. Learned Judge on the petition recorded that the recovery may ensure. This, perhaps, aggrieves the appellants and, thus, the present letters patent appeal.