Bank can file an application under Section 19 of the Recovery of Debts & Bankruptcy Act, 1993 in the name of the Branch which had granted the loan to the petitioners, in case during pendency of the case the Bank has transferred the account to any of its branch – Ramom Motion Auto Corp. Pvt. Ltd. Vs. Debt Recovery Appellate Tribunal Thru. Registrar and Others – High Court of Allahabad
The petitioners had taken the financial assistance from Indian Overseas Bank Main Branch, Lucknow and it was the said Branch which had filed the application against the Petitioners under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 for recovery of the aforesaid amount from them and, therefore, the petitioners had impleaded the Bank with the aforesaid description. In any case, the Asset Recovery Management Branch of the Bank is not a separate juristic person and is not a legal entity distinct from the Bank. In case, during pendency of the case the Bank has transferred the account to any of its branch and still the Bank had filed an application under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 in the name of the Branch which had granted the loan to the petitioners, the petitioners cannot be blamed for having arrayed the said Branch as a respondent. Even if there is a defect in the description of a arty, it is always curable and it does not affect the maintainability of the application.
