Remanded

Tamilnad Mercantile Bank Ltd. v. R.Suresh & Anr.

DRAT14 Sept 2022REGULAR APPEAL/14/2020

Case brief

AI extract

What is this about?

The De市人民法院set aside the respondent's dismissal from appeal liability on the grounds of insufficient evidence. The court remitted the matter to the Debt Recovery Tribunal to re-evaluate the claim against the former manager, allowing both parties to produce evidence regarding contractual liability arising from the employer-employee relationship.

What did the court decide?

Impugned order against Defendant No.2 is set aside as far as lack of evidence is concerned; matter remitted to Tribunal below to examine the issue afresh with both parties allowed to produce evidence.

Tamilnad Mercantile Bank Ltd. versus R.Suresh & Anr. — Cheque Dishonour | DRAT (2022)

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RA 14/2020

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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

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Dated the 14^th of September, 2022

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PRESENT: Hon’ble Mr. Justice S. Ravi Kumar CHAIRPERSON

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RA 14/2020

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(OA 848/2018 on the file of DRT-II, Chennai)

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Between

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Tamilnad Mercantile Bank Ltd. Rep. by its Manager Arni Branch, No.38, Thatchur Road, Arni 632 301. Thiruvannamalai District. ….Appellant Bank

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And

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Mr. R. Suresh, S/o Rajarathinam, H-539, Phase-I, Muthuampalayam,

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Erode 638 009.

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Mr. K. Suresh,

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S/o A. Kandasamy, No.139/1, Avallappa Swamy Kovil Street, Virudhunagar Town 626 001. Virudhunagar District. …Respondents

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Respondent No.1 is given up.

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Counsel for Appellant Bank : M/s K.N. Chinnakrishnan & E. Kumar Counsel for respondent No.2 : Ms. K. Jayaganga

RA 14/2020

ORDER

This Appeal is preferred under Section 20 of the Recovery of Debts Due to Bank and Financial Institution Act, 1993 against order dated 4.4.2019 in OA

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848/2018 on the file DRT-II, Chennai, wherein Tribunal below partly allowed OA claim amount of Rs.18,83,960.16pp against first defendant with interest at 12% per annum (simple) from the date of OA till realisation and dismissed the OA against Defendant No.2, who is a former Manager of appellant bank.

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Heard both sides.

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Advocate for appellant bank submitted that claim against Defendant No.2 is dismissed solely on the ground that there is no contractual liability. But, Tribunal below failed to consider relationship of ‘Employer – Employee’ thereby contractual liability would arise and represented that necessary evidence is available for the same and he is ready to produce the same and prayed to consider claim against Defendant No.2.

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On the other hand, advocate for Defendant No.2 submitted that already Defendant No.2 suffered departmental action and at this stage it is not desirable to give an opportunity to appellant to produce evidence.

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Considering the submissions of both sides, without going into merits and

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demerits of the case, as claim against Defendant No.2 is dismissed for want of

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RA 14/2020

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evidence, I deem it appropriate that an opportunity should be given to appellant bank to produce evidence in support of claim against Defendant No.2. When claim

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is dismissed for want of evidence, instead of allowing appellant to produce evidence in the appeal, I feel, matter should be remitted back to Tribunal below so that both parties will have an opportunity to rebutt the evidence of each other.

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Considering the same, impugned order dated 4.4.2019 is set aside insofar as

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Defendant No.2 is concerned and matter is remitted back with a direction to Tribunal below to examine the issue afresh against Defendant No.2, by giving opportunity to both parties to produce evidence in support of their respective contentions.

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Appeal RA 14/2020 is disposed of, accordingly with no order as to costs. All

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pending IAs, if any, stand closed.

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[Dictated to Steno(SN), transcribed by him, corrected, signed and pronounced by me in open court, this 14^th September, 2022]

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Tamilnad Mercantile Bank Ltd. v. R.Suresh & Anr.

Case brief

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Tamilnad Mercantile Bank Ltd. v. R.Suresh & Anr.

Case brief

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