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Kamta Nath Pandey And Anr. vs Allahabad Bank on 6 March, 2006

8. On this count reference may be made to a judgment of Hon'ble Bench of Bombay High Court as reported in Shaikh Abdul Rafi Ahdul Aziz v. Aspy Beharam Talathi and Shyam Lal Dhar v. Ply Board Industries AIR 1981 J&K. 1995 (FB), but I have already mentioned that laches were there from the side of the appellants also and definitely there were dilatory tactics from the side of the appellants' Counsel and when proposal of compromise was made, then definitely the appellants do admit of taking loan from the Bank and not paying the dues. In that way, the cases have been delayed for a long time although good grounds have been found for allowing the restoration petition, but the same cannot be done without any condition being imposed. The ex parte judgment passed in T.A. No. 170/2000 and T.A. No. 169/2000 be set aside and the cases be restored to file on a pre-condition of deposit of Rs. 1.00 lakh each by the defendant-appellants within a period of two months from this date with the respondent Bank and this amount if deposited shall be adjusted towards the dues being determined ultimately. If the pre-condition is not satisfied as mentioned above, then the ex parte judgment passed in both the cases shall prevail.
Debt Recovery Appellate Tribunal - Allahabad Cites 3 - Cited by 0 - Full Document
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