Indian Overseas Bank v. Aruna
Case brief
What is this about?
The Delhi High Court enforced a bank balance, against an order of the Debts Recovery Tribunal, against a respondent who had challenged the Tribunal's order under Section 153 of the General Clauses Act 1897. The LHJ held that the circumstances of the case warranted the enforcement of the order.
What did the court decide?
The bank balance of Rs. 1,00,000/- was debited to the respondent's account and credited to the National Trust Services Limited account to enforce the Tribunal's order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
TA No.1290/2023 (E)
17.10.2024
1
IN THE DEBTS RECOVERY TRIBUNAL – III, CHENNAI
Dated this the 17th day of October, 2024
Present: SHRI A.S. JAYACHANDRA Presiding Officer (In–charge)
TRANSFERRED APPLICATION No. 1290 OF 2023
(Originally filed before DRT-II, Chennai and numbered as OA 877/2019 and thereafter transferred to this Tribunal and re-numbered as TA 1290/2023)
Indian Overseas Bank Ashok Nagar Branch No.9, Dr. Natesan Road Chennai – 600 083. Rep. by its Chief Manager ..... Applicant
-Vs-
Ms. D. R. Aruna, D/o. D. Raman No. 44/7, Sivankoil Street, Koyambedu, Chennai – 600 107 ....Defendant
Counsels on record / appeared:
Issues for consideration
3 issues framed by the court
Whether the applicant bank is entitled to recovery of the amount claimed from the defendant?
What relief is entitled to the applicant bank considering the fraud allegations and delay?
What rate of interest applies from the date of the application till realization?
Parties & counsel
- applicant
Indian Overseas Bank Ashok Nagar Branch
Coram
A.S. Jayachandra
Case details
As recorded by the court registry
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