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Judgment
Justice S. Ravi Kumar, Chairperson
This Appeal is preferred under Section 20 of the Recovery of Debts Due to Bank and Financial Institution Act, 1993 against order dated 8.2.2019 in OA 691/2018 on the file DRT-II, Chennai, wherein Tribunal below partly allowed OA claim amount of Rs.13,15,555.66p against defendants 1 and 2 with interest at 12% per annum (simple) from the date of OA till realisation and dismissed the OA against Defendant No.3, who is a former Manager of appellant bank.
Heard both sides.
Advocate for appellant bank submitted that claim against Defendant No.3 is dismissed solely on the ground that there is no contractual liability. But, Tribunal below failed to consider relationship of ‘Employer – Employee’ thereby contractual liability would arise and represented that necessary evidence is available for the same and he is ready to produce the same and prayed to consider claim against Defendant No.3.
On the other hand, advocate for Defendant No.3 submitted that already Defendant No.3 suffered departmental action and at this stage it is not desirable to give an opportunity to appellant to produce evidence.
Considering the submissions of both sides, without going into merits and demerits of the case, as claim against Defendant No.3 is dismissed for want of evidence, I deem it appropriate that an opportunity should be given to appellant bank to produce evidence in support of claim against Defendant No.3. When claim is dismissed for want of evidence, instead of allowing appellant to produce evidence in the appeal, I feel, matter should be remitted back to Tribunal below so that both parties will have an opportunity to rebutt the evidence of each other.
Considering the same, impugned order dated 8.2.2019 is set aside insofar as Defendant No.3 is concerned and matter is remitted back with a direction to Tribunal below to examine the issue afresh against Defendant No.3, by giving opportunity to both parties to produce evidence in support of their respective contentions.
Appeal RA 12/2020 is disposed of, accordingly with no order as to costs. All pending IAs, if any, stand closed.