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2000 Supreme(Pat) 209

S.K.KATRIAR
Ram Laxman Glass (P) Limited – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This writ petition for and on behalf of debtors of the State Bank of India (respondent No. 2), is directed against the order dated 19-1-2000 (Annexure-3), passed by the Presiding Officer, Debt Recovery Tribunal, Patna, in Misc. Appeal No. 11/99, whereby he has rejected the application of the petitioners for setting aside the ex parte order dated 2-2-99 (Annexure-1), passed by the Tribunal in case No. P.T. 32 of 1998 (arising out of Money Suit No. 21 of 1994), decreeing the suit and for directing issuance of certificate under Sec. 19(7) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as the Act), for execution against the petitioners. It is further prayed that the records of Money Suit No. 21 of 94 as well as Misc. Case No. 1 of 96 (the debtors application under Order 9, Rule 13, C.P.C., which was pending before the Sub-Judge on the eye of transfer of the entire proceedings before the Tribunal) , be sent back to the subordinate Judge-III, Deoghar, for disposal of Misc. Case No. 1 of 96. This Misc. Case No. 1 of 96 was filed by the petitioners herein (the defendants in the suit), before Subordinate Judge-III, Deoghar, und




























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