Legal Question in Banking Law in India

SIR,

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? Can you give any best advise, citations and judgements relevant to my cases for which I will be more thanful to you SIR

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Asked on 10/12/09, 2:51 pm

4 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

You can prefer appeal.

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Answered on 10/12/09, 9:17 pm
J. Radhakrishnan independent Practice

are u the borrower or the bank. It will not be proper for us to give any general advice without going through the papers of the particular case. If you are the bank, consult a reputed lawyer in Hyderabad as the case appears to be in A.P. or the borrower consult a lawyer who is well versed in civil matters in Hyderabad. No use in giving citations without the facts of the particular case being thoroughly examined.

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Answered on 10/12/09, 11:30 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, there lies an appeal as improper maintenance of accounts itself cannot be a ground to absolve the defendant liability.

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Answered on 10/13/09, 2:23 am
Pravin Vaidya Independent

Please go for an appeal as DRT or any judicial authority gives judgements on the basis of facts and documents presented before them. It is futile to corelate your case with entire judicial system in India and comment on it.

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Answered on 10/22/09, 10:51 am


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