GOBIND HOSIERY STORES Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) THE petitioner is aggrieved by letter dated 4.8.2009 as contained in Annexure -5, issued by the Manager, Central Bank of India, Bikramganj Branch whereby outstanding balance of Rs. 17,19,177 / - has been shown in cash credit A/c No. 117 of the petitioner. The petitioner was granted cash credit loan of Rs. 5 lacs on 27.1.1998. Subsequently it was enhanced to Rs. 10 lacs. As the petitioner sustained loss and could not repay the loan of the bank the respondent Bank filed O.A. No. 64/01 in the court of Debt Recovery Tribunal, Patna for a certificate of Rs. 17,36,860/ - as on 31.8.2001 with interest at the rate of 18.25%. The suit was decreed ex parte. The petitioner filed Misc. application under Section 22(2) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 being M.A. No. 54 of 2002. The said application was not allowed. Then the petitioner filed C.W.J.C. No. 9673/06.

(2.) THIS Court by order dated 30.8.2006 disposed of the writ application in terms of the settlement arrived at between the parties which is being quoted hereinbelow: -

(3.) IT is a case of the petitioner that when he asked for the statement of Account of his cash and credit A/c No. 117, he was supplied the chart of the said A/c from which it appears that outstanding balance was shown as Rs. 100/ - only on 30.7.2009. As such the petitioner paid Rs. 100/ - on 31.7.2009. In support of his contention learned counsel has relied upon Annexures -2 and 4. of the writ application.