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2002 Supreme(Ker) 764

K.PADMANABHAN NAIR
Abdul Rasheed – Appellant
Versus
The State Bank of Travancore – Respondent


Judgment :-

1. The first defendant in O.A. No. 1768 of 1998 on the file of the Debts Recovery Tribunal is the petitioner in this Original Petition. The petitioner is challenging Ext.P-4 order passed by the Tribunal on 28th August 2002 by which the Tribunal stopped the cross-examination of A.W.1 who was in the box while the same was going on and directing the first defendant to file a counter-affidavit if any on the proof affidavit filed on behalf of the applicant on further issues.

2. The short facts necessary for the disposal of the Original Petition are as follows: The first respondent-Bank filed Original Application No. 1768 of 1998 before the Debts Recovery Tribunal for realisation of the amount of more than Rs. 2,39,11,200. The petitioner filed a written statement denying his liability to pay the amount. The amount claimed in the O.A. is an amount, which according to the Bank it had to pay to a foreign buyer on account of a judgment passed by a Court in France. The contention of the petitioner is that he is not liable to reimburse that amount to the first respondent. It is further contended that the loss occurred due to the laches and negligence on the part of the first respond



























































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