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Sjksjksjks (proprietor)     26 March 2012

Ots with bank

Dears,

In 2009 the R.C. was issued by Tribunal  for Rs. 10, accordingly Recovery-proceedings is going on.

The appeal was preferred with delay before the Appellat Tribunal but the delay was condoned by the Appellate Tribunal. Afterwards the Appellate Tribunal directed the appellant to pay 50% of decretal amount but the amount was not deposited and hence, the appeal was rejected on ground of unentertainablility. 

In the meanwhile, at the stage when the delay was condoned the Bank itself came forward and called the borrower and orally offered to accept  the OTS proposal of Rs.6.  Therefore, the borrower gave written offer of Rs.6 but stating all the facts in the letter. Bank acknowlwdged the receipt of the letter.

But when appeal is rejected on the ground of non-payment of deposit, the Bank kept silent and not replying anything and kept mum. 

So please guide me :- (a)  before which authority 'Tribunal' or 'Appellate-Tribunal' and further which section should be invoked to enforce the OTS on bank or (b) Can suit in Civil Court be helpful for 'specific-performance' of OTS terms ?

Guide please. 

 

 

 



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