Canara Bank v. M/S Rajesh Exports Ltd.
Case brief
What is this about?
The Tribunal mercantile Court disposed of a petition seeking permission to cross-examine the bank's witness regarding disputed account entries. The gun pass partners raised groundless allegations, and the tribunal found no specific entries identified. The cross-examination prayer was rejected, but prayers were rejected, but a supplemental affidavit was directed to verify the proof affidavit and in
What the court decided
IN THE DEBTS RECOVERY TRIBUNAL –I AT CHENNAI
Dated this 20th Day of February, 2024
PRESENT: SHRI A.S.JAYACHANDRA
Presiding Officer
IA No.26 of 2024 In
TA No.28 of 2023
- M/s.Rajesh Exports Limited, Rep. by its Chairman Mr.Rajesh J. Mehta, No.4, Batavia Chambers, Kumarakrupa Road, Kumara Park East, Bengaluru.
- Mr.Rajesh J. Mehta, S/o Mr.JaswanthRai Mehta,
No.578, 5th Main Road, Upper Palace Orchards, Sadashiv Nagar, Bengaluru – 560038.
- Mr.Prashant Mehta, S/o Mr.JaswanthRai Mehta, No.555, Chandan, 9th A Main Road, 1st Stage, Indra Nagar, Bengaluru – 560038.
. . . Petitioners / Defendants
Versus
Issues for consideration
3 issues framed by the court
Whether the Defendants have made out sufficient reasons under Rule 12(6) of the Debt Recovery (Procedure) Rules 1993 to seek cross-examination of the bank's witness AW1.
Whether allegations of forgery and incorrect calculation of interest without specific identification of wrong entries justify granting permission for cross-examination.
Whether the prima facie evidence of banker's book entries satisfies the requirements without examining the deponent.
Parties & counsel
- petitioner
M/s.Rajesh Exports Limited and others
- respondent
Canara Bank
Coram
A.S.JAYACHANDRA
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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