LAWS(J&K)-2005-11-29

DIVERGENT TECHNOLOGIES Vs. CENTRAL BANK OF INDIA

Decided On November 17, 2005
Divergent Technologies Appellant
V/S
CENTRAL BANK OF INDIA Respondents

JUDGEMENT

(1.) DECREE for recovery of Rs. 86,509.10 passed on 31.3.2000 by learned 1st Additional District Judge (Bank Cases), Jammu, hereafter, referred as "trial Court", has been questioned in this appeal.

(2.) SHRI S. D. Sharma, learned Advocate for the appellants, raises a short submission in support of the appeal.

(3.) LEARNED counsel submits that finding of learned trial Court on issue No.6 is illegal, unwarranted and unjustified. According to Shri Sharma, Debt Relief Scheme formulated by the Government of India was applicable and the amount claimed by the respondent -Bank, in the suit, stood waived off. Shri Sharma further submits that by omitting to decide the rival contentions of the parties to the suit regarding the applicability or otherwise of the scheme to the amount in question, learned trial Court has caused prejudice to the appellants which has in turn resulted in failure of justice.