Borrower should be given an oppertunity to Cross examin a bank officer

M.A:582/2010
Krishna & co., & ors V/S SB Mysore -


Ld.  Counsel appearing on behalf of the appellants stated that the appellants should be given an opportunity to cross examine an officer of the respondent bank who would be able to speak on the basis of the records to enable the appellants to demonstrate before the Tribunal below that the appellants are not liable for the debt and that the so called debt is not at all a debt in this case.

Ld.  Counsel appearing on behalf of the respondent bank stated that the person who was the officer at the relevant point of time has expired and that the bank may be permitted to produce any officer of the bank to speak on the basis of the records.

Heard the Ld.  Counsel. 

In view of the facts and circumstances of the case the following order is passed.

“The respondent bank is permitted to produce an officer of the bank to speak on the basis of records on 12.10.2011 and the appellants are permitted to cross examine the said officer on the same day subject to the convenience of the Ld.  Presiding officer, DRT-I, Chennai. Ld.  Counsel for the appellants and the respondent bank are requested to take a print out of this order from the ‘A’ dairy which is posted in the internet and produce the same with a memo before the Ld.  Presiding officer to enable him to order for the cross examination of the bank officer”

This MA is disposed of accordingly.


The above order was issued on 11 th oct 2011 by DRAT ,Chennai