UPENDRA NARAYAN SINGH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Learned Counsel for the Petitioner submitted that in view of Section 31A of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (the Act for short), the bank could not proceed before the Debts Recovery Tribunal as the decree was drawn by the Sub Judge on 21/05/2007 but the execution case was filed on 23/12/2008 before DRT.

(2.) Mr. Rajesh Kumar, learned Counsel for the bank submitted that such objection should have been raised by the Petitioner before the DRT itself.

(3.) On this, counsel for the Petitioner submitted that such objection was raised by other parties (Guarantors) in the present case but the same has been rejected by the DRT by order dated 30/06/2010 (Annexure 4).