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2006 Supreme(Ker) 191

THOTTATHIL B.RADHAKRISHNAN
K. A. Kuttiah – Appellant
Versus
The Federal Bank Limited – Respondent


Judgment :-

The petitioner in this application under Article 227 of the Constitution of India, is one of the defendants in an Original Application before the Debts Recovery Tribunal, “DRT” for short, constituted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as “the Act”).

2. During the course of the said proceedings, the petitioner filed Ext.P6 petition requesting the DRT to conduct an enquiry against the second respondent therein, the Chief Manager of the Bank, under Section 340 Cr.P.C. and to make a complaint to the Magistrate of the First Class having jurisdiction to initiate proceedings. That petition was supported by an affidavit. The allegations in the said affidavit require to be referred to, without prejudice to the contentions before the DRT, for the sole purpose of noting the broad features of the allegations of the writ petitioner, which are as follows:

Upon production of certain documents, the fraud and the perjury committed on the DRT by the bank and its officers have come to light. The bill discounting account produced along with the original application and bill discounting account produced pursuant to the order

















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