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2024 Supreme(Ker) 324

GOPINATH P.
P. K. Jagdev – Appellant
Versus
Indian Bank – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.N.Sivasankaran, Sunil Shanker
For the Respondent: N.D.Premachandran, D.Ajithkumar, Sri. S Easwaran (Sc)

JUDGMENT :

The petitioner has approached this court challenging Ext.P3 order of the Debts Recovery Tribunal, Ernakulam, on T.S.A No.47/2016 arising out of S.A No.271/2008 filed before the Debts Recovery Tribunal, Chennai and also Exhibit P5 is the order of the Debts Recovery Appellate Tribunal on R.A (SA) 182/2018 dismissing the appeal filed by the petitioner against Ext.P3 order.

The facts which are to be noticed for the adjudication of the issues arising for consideration may be briefly noticed:-

2. The petitioner is the grandson of the late N. Sundareswaran who was the Managing Partner of a registered partnership firm -namely M/s N.Sundareswaran (hereinafter referred to as ‘the firm’). The firm was engaged in the business of processing and exporting cashews and was enjoying credit facilities from the Indian Bank through its Kollam branch. Though the business of the partnership firm continued fairly successfully till the year 1980-81, it appears that the business of the firm ran into rough weather, leading to the mounting of liabilities with the Indian Bank. Considering the long banking relationship with the firm, the Indian Bank extended a 'revival and rehabilitation package' to th

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