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2001 Supreme(Raj) 949

P.P.NAOLEKAR, GYAN SUDHA MISRA
Punjab National Bank – Appellant
Versus
Purewell & Associates Ltd. – Respondent


Advocates Appeared:
G.L. Sanghi, Sr. Advocate, with N.K. Maloo, Hari Shankar, Arvind Gupta & Satish Bijarnia for Appellant Bank Paras Kuhad with Sunil Nath, for Respondent

Honble NAOLEKAR, J.–Respondent No. 1, herein, M/s. Purewal & Associates Limited (hereinafter shall be referred to as `the respondent Company) moved applications before the Debts Recovery Tribunal under Order 23 Rule 3 read with Sec. 151 of the Code of Civil Procedure for recording the compromise/settlement arrived at between the parties and passing of the Decree in terms thereof. Appellant-Punjab National Bank (hereinafter shall be referred to as `the appellant Bank) contested the said applications by filing reply. By order dated 15.12.1998 the learned Debts Recovery Tribunal has rejected he applications of the respondent Company filed under Order 23 Rule 3 of the Civil Procedure Code holding that the compromise cannot be recorded as it was not in writing signed by the parties. Being aggrieved by the said order dated 15.12.1998 of the Tribunal, the respondent Company filed two writ petitions bearing S.B. Civil Writ Petitions No. 6681/98 and 6682/98 challenging the order passed by the Debts Recovery Tribunal, Jaipur on 15.12.1998 refusing to record the alleged compromise entered into between the respondent Company and the appellant Bank.

(2). It is alleged by the respondent Company i

















































































































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