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2008 Supreme(Raj) 2243

H.R.PANWAR
Bank of Bikaner and Jaipur – Appellant
Versus
Debt Recovery Appellate Tribunal – Respondent


For the Petitioners:Rajat Dave for M.S. Singhvi, Advocates.
For the Respondents:Sudhir Sharma, Advocate.

JUDGMENT

1. - By the instant writ petition under Art. 226 of the Constitution of India, the order Annx. 18 dated 22.02.2007 passed by the respondent No.1 the Debt Recovery Appellate Tribunal, New Delhi (for short, "the DRAT" hereinafter), so far it relates to adverse findings against the officials of the petitioner bank and requiring the management of the petitioner bank to take administrative action against its officials, have been sought to be quashed.

2. The facts and circumstances giving rise to the instant writ petition are that the respondent No. 2 availed cash credit facility of Rs. 15 lac from Bhagat-Ki-Kothi Branch, Jodhpur of the petitioner bank on 22.01.2001 and executed the documents to that effect. The respondent No. 3 stood as a guarantor for repayment of the credit facility borrowed by the respondent No. 2, the borrower. However, on moving an application by the respondent No.2 the borrower, the cash credit facility was enhanced from Rs. 15 lac to Rs. 20 lac on 04.10.2001. The respondent No. 2 failed to repay the dues as per the terms of agreement and, therefore, the account of the respondent No.2 was classified as N.P.A., as per the Guidelines issued by the Reserve Ba












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