Ram Prakash Agnihotri v. Dena Bank and 2 Ors.
Case brief
What is this about?
Verse 1. Addressed matter of fraud in bank recovery suit claimed to be time-barred. Ordered case listed for 10.05.2023 for waiver of leave to appear.
What the court decided
A compact analysis
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Appeal Dy. No. 439/2019 Date: 21.02.2023
Ram Prakash Agnihotri Vs. Dena Bank & Ors.
Present: Shri Ashutosh Sharma, counsel for the appellant, None for the respondents,
Learned counsel for the appellant submits that this is a matter of fraud and no debt is due against the appellant, as no loan was advanced by the Bank to the appellant. It is contended that the observation of the Tribunal below that the Bank is at liberty to initiate fresh proceedings, although the S.A. has been decided in favour of the appellant, is bad in law, as no fresh notice can be issued in view of the fact that the matter is time barred. It is further contended that on the objection of the appellant, the Bank has deferred the re-opened matter itself. The learned counsel prays for some time to argue further in the matter.
List this case on 10.05.2023 for waiver.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the appellant, claiming the suit is time-barred and based on fraud, is entitled to time for further arguments.
Parties & counsel
- appellant
Ram Prakash Agnihotri
- respondent
Dena Bank & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · February
- CNR
- 091090004392019
- Topic
- Cheque Dishonour
All orders in this case
7 orders share this CNR
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