SUDHANSU JYOTI MUKHOPADHAYA, V.DHANAPALAN
Malini Srinivasan – Appellant
Versus
Canara Bank & Another – Respondent
Common Judgment: (V. Dhanapalan, J.)
1. While W.P.No.22120 of 2008 has been preferred by the petitioner to quash the interim order of the Debt Recovery Appellate Tribunal, Chennai, dated 01.08.2008, passed in I.A.No.754 of 2007 in U.R.A.No.30 of 2007, W.P.No.25047 of 2008 is to quash the final order of the said Tribunal, dated 25.09.2008, passed in U.R.A.No.30 of 2007.
2. First respondent bank (in short, "the bank") sanctioned certain loan facilities to M/s.Concise Technologies Pvt.Limited, based upon the security given by a partnership firm, namely, M/s.Venyl General Industries, in which the writ petitioner was one of the partners. Since the said loan was not paid by Concise Technologies Pvt.Ltd., the bank filed a suit on the file of this High Court vide C.S.No.33 of 1996, against the writ petitioner and ten others, claiming a sum of Rs.43,42,180/-. Subsequent to the constitution of the Tribunals, the suit was transferred to Debt Recovery Tribunal, Chennai, and renumbered as T.A.No.513 of 1997. After regular trial, the Debt Recovery Tribunal (in short, "DRT") decreed the suit as prayed for by the bank. Thereafter, the writ petitioner preferred an appeal vide U.R.A.No.30
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