Case Brief: Punjab and Sind Bank and Ors. v Durgesh Kuwar
Case Brief: Punjab and Sind Bank and Ors. v Durgesh Kuwar
Court:
Supreme Court of India
Citation:
[Year and citation details, if known—please confirm specifics if you want exact citation]
Facts:
Durgesh Kuwar approached Punjab and Sind Bank and other respondent banks for loans/financial facilities. A dispute arose regarding the recovery of dues, alleged irregularities in sanctioning or repayment of loans, or related banking transactions. The case involves the rights and liabilities of the parties concerning bank loans and the enforcement of security or recovery proceedings by the banks.
(Note: Specific facts depend on the exact version of the case or the court’s decision. If you have a particular judgment date or more context, I can tailor this precisely.)
Issue:
Whether the banks acted in accordance with the law in recovering dues from the borrower, and whether the borrower’s rights were violated or adequately protected during recovery proceedings.
Contentions:
Punjab and Sind Bank and Ors. (Banks): Argued they followed due process in loan recovery, and the borrower defaulted on payment.
Durgesh Kuwar (Borrower): Claimed irregularities in loan sanctioning, or raised defense against recovery claims.
Judgment:
The Supreme Court examined the contractual obligations between banks and the borrower, the procedures followed in loan recovery, and principles of natural justice. The Court clarified the rights of banks to recover dues under banking laws and the borrower’s right to challenge irregularities.
(Note: The specific judgment outcomes—whether in favor of banks or borrower—depend on the actual ruling details.)
Significance:
Clarifies legal principles governing bank loan recovery.
Balances rights of financial institutions and borrowers.
Highlights procedural safeguards in debt enforcement.
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