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DEBT RECOVERY APPELLATE TRIBUNAL
Mr. Justice G. Chandrasekharan, CJ
The Federal Bank Ltd. – Appellant
Versus
M/s Kabs Elastomer Products – Respondent
| Table of Content |
|---|
| 1. identification of parties and claims (Para 1 , 2 , 3) |
| 2. defendants contest the bank's claim (Para 4) |
| 3. court dismisses all claims (Para 5 , 9) |
| 4. appellant's arguments regarding limits and merits (Para 6 , 7 , 8) |
| 5. key points for consideration established (Para 10 , 11) |
| 6. analysis of jurisdiction and limitations (Para 12 , 13) |
| 7. definition of decree and its implications (Para 14 , 15 , 16) |
| 8. limitations applicable to bank's claims (Para 17 , 18) |
| 9. resolution of the key legal issues (Para 19 , 20 , 21) |
| 10. final ruling by the court (Para 22 , 23) |
COMMON ORDER
1. These appeals are filed under Section 20 of RDB Act against the order dated 22.07.2015 passed in OA 82/2009 by the Learned Presiding Officer, DRT, Coimbatore.
2. The appellant in RA 70/2015, the Federal Bank of India, filed OA 82/2009 against M/s. Kabs Elastomer Products and other defendants before the Tribunal for issuance of Recovery Certificate for a sum of Rs.21,33,715.55p with interest @ 23% per annum on Rs.7,13,334/- from the date of filing the OA till the date of realisation, sale of mortgaged immovable properties, costs and other reliefs.
3. The case of the bank is that the 1st defendant before the Deb
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