SAMIR KUMAR GHOSH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by a part of the order dated 24.5.2011 passed by the Debt Recovery Tribunal, Ranchi, whereby while disposing of the petitioner's application dated 16.1.2008 for deciding the issue of limitation, as preliminary issue has made some unnecessary remarks prejudicial to the petitioner. By the impugned order the petitioner's prayer has been rejected observing that the defendant no. 4 can agitate the said matter at the stage of final hearing of the case.

(2.) The grievance of the petitioner is that though according to the said order, the said issue is to be decided after final hearing, learned Tribunal has made a remark taking prima facie view that the loan and security documents, particularly the letter of guarantee executed by defendant no. 4 in his personal capacity is of continuing in nature till liquidation of the loan liabilities by the obligants and the defendants including defendant no. 4 cannot be absolved from his liability by filing an interim application.

(3.) The petitioner has prayed for review of the said order but his said prayer was rejected by order dated 29.2.2012 with observation that the view expressed by the Tribunal in the aforesaid order was a prima facie view and not a final view and the defendant has opportunity to agitate the said point before the Tribunal in the main case being P.T. Case No. 5/2004.