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2006 Supreme(Del) 89

MADAN B.LOKUR
HARGOBIND FASHION P. LTD – Appellant
Versus
STATE BANK OF PATIALA – Respondent


MARKANDEYA KATJU, CJ.

( 1 ) HEARD learned counsels for the parties and perused the record.

( 2 ) BY means of this petition petitioner challenged the impugned order of the Debt recovery Appellate Tribunal in Misc. Appeal No. 329/2002.

( 3 ) THE facts of the case are that OA No. 07/1995 was filed by the Respondent Bank before the DRT, New Delhi, in respect of a certain loan. Written statement was filed before the DRT by the petitioner (respondent therein) alleging non- compliance of Rule 9 of the Rules framed under the Recovery of Debt Due to Banks and Financial Institution Act, 1993.

( 4 ) RULE 9 states as follows:-"9: Documents to accompany the application (1) Every application shall be accompanied by a paper book containing:- (i)statement showing details of the debt due from a defendant and the circumstances under which such a debt has become due; (ii)all documents relied upon by the applicant and those mentioned in the application; (iii)details of the crossed demand draft or crossed Indian Postal Order representing the application fee; (iv)the documents referred to in sub-rule (1) shall be neatly typed in double space on one side of the paper, duly attested by a senior officer of


















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