Legal Question in Banking Law in India

DRT in verdit said" the bank did not maintain the accounts properly in the loan account and there is no explanation from the bank so far as maintaining of the acount is concernred and it is clear in all the bank cases and the account copy will fasten the liability but in this case the account copy itself is incorrect and people will believe the account copy of the bank and this account copy seems to be totally incorrect inview of the several pay slips filed by the defendents which are marked as EX B13 to EX B18 containing many books. In these CIRCUMSTANCES THE ACCOUNT COPY CANNOT BE BELIVED AND THEREFORE THE OAhas to be allowed only for the amount of Rs. 1128685/- with simple interest 6%pa., from the date of OA till realisation. This recovery certificate is being issued since it is public money and there is no document to show how much amount acually due to the applicant bank. The bank never proved the amount due. It is the intial burden on the bank according to the Evidence Act Sec 101 to 103 and the intial burden is not discharged by the bank. Therfore, the bank cannot base on the demerits of the defendents case." DRT, Visakhapatnam in OA 796/06 Is it justice in INDIA? ANYBODY REALLY PROVE JUSTICE IN INDIA STILL ALIVE ?
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Asked on 10/12/09, 12:02 pm

Pravin Vaidya Independent

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What exact point on which guidance/advice is sought? I think this is not forum where general issues are discussed

Pravin Vaidya

Answered on 10/12/09, 1:22 pm

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