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Drat Kolkata Court September 2005 Judgments

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Sep 22 2005

Mc Leod and Co. Ltd. Vs. State Bank of India

Court: DRAT Kolkata

Decided on: Sep-22-2005

Reported in: 3(2006)BC180

1. The matters for the present relate to an application under Section 21 of the RDDBFI Act, 1993, for waiver of pre-deposit of 75% of the amount by the appellant in filing the appeal and another application for stay of recovery proceedings being R.P. No. 41/2001, arising out of Original Application No. 209 of 1996.2. There was a settlement or compromise arrived at by and between the parties for a sum of Rs. 1, 97, 59, 566, 86, out of which, the petitioner states, a sum of Rs. 96, 97, 392/- being nearly 49% of the said settled amount has already been paid and duly accepted towards pro tanto satisfaction of the settlement by the Bank without any objection.3. That settlement or compromise was, however, done at the stage of execution i.e. at the stage of recovery proceeding before the Recovery Officer pursuant to the order of the D.R.T. and issuance of certificate in favour of the Bank (respondent No. 1) and against the defendants including defendant No. 1 i.e. appellant, Mc Leod & Co...


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