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Drat Madras Court September 2004 Judgments

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Sep 16 2004

Syndicate Bank Vs. Canara Bank and ors.

Court: DRAT Madras

Decided on: Sep-16-2004

Reported in: I(2005)BC10

1. This Miscellaneous Appeal is filed by the appellant Syndicate Bank being aggrieved by the Order dated 22.12.2003 passed by the learned Presiding Officer of DRT, Hyderabad, in IA No. 1294/2002 in OA-434/2001. By the impugned order the learned Presiding Officer dismissed the application made by the appellant Bank observing that DRT had no jurisdiction to entertain the application as there was no relationship of creditor and debtor as between the appellant Syndicate Bank and respondent No. 1 Canara Bank. OA No. 434/2001 is filed by the appellant Syndicate Bank against defendant Nos. 1 to 6 and defendant Nos. 7 and 8 are added as financial institutions. Defendant No. 7 is Canara Bank and defendant No. 8 is IDBI. The OA is filed to claim Rs. 23,73,17,672/- from defendant Nos. 1 to 6. Defendant No. 1 availed certain credit facilities from Syndicate Bank and defendant Nos. 7 and 8 as per the consortium agreement between them. Defendant No. 7 Canara Bank is the leader of the consortium.3. ...


Sep 15 2004

Central Bank of India Vs. Premier Paper Products and ors.

Court: DRAT Madras

Decided on: Sep-15-2004

Reported in: I(2005)BC18

1. Bank filed suit OS No. 454/1995 in the Sub-Court, Coimbatore, in the year 1995 which came to be transferred to DRT, Chennai, upon the establishment of DRTs under the RDDB & FI Act, 1993 and again re-transferred to DRT, Coimbatore, and re-numbered as TA No. 1458/2002.2. This appeal is filed by the appellant/original applicant-Central Bank of India being aggrieved by the judgment and order dated 25.2.2004 passed by the learned Presiding Officer of DRT, Coimbatore in IA-474/2003 in TA-1458/2002. By the impugned Order the learned Presiding Officer allowed the IA-474/2003 taken out by the defendants and disposed of finally the TA No. 1458/2002 in view of the direction given by him in the IA. Original Suit OS No. 454/1995 was filed by the Bank against four defendants for recovery of amount to the tune of Rs. 4,27,16,228.77 p. payable by the defendants to the applicant Bank for granting certain facilities to the defendants. The defendants executed various security documents on several...


Sep 14 2004

Sapthagiri Pee Gee Fruits Vs. Uco Bank

Court: DRAT Madras

Decided on: Sep-14-2004

Reported in: IV(2004)BC227

1. This Miscellaneous Appeal is filed by the appellant/third party purchaser/auction purchaser M/s. Sapthagiri Pee Gee Fruits Processing (P) Ltd., being aggrieved by the common order dated 24.12.2003 passed by the learned Presiding Officer of DRT-I, Chennai, on the Interim Application IA No. 750/2002. By the impugned order the learned Presiding Officer rejected the application made by the auction purchaser in which a prayer was sought that the DRT should pass order directing the Recovery Officer/Bank that the amount of Rs. 2,91,255/- out of Rs. 75 lakhs deposited by the auction purchaser towards the sale proceeds, be paid directly to the Tamil Nadu Electricity Board (for the sake of brevity hereinafter referred to as TNEB), Dharmapuri Circle, Dharmapuri. Apprehension was expressed that if these arrears of electricity were not paid, then the auction purchaser might face disconnection of electricity supply. Property belonging to the Certificate debtor M/s. Dharmapuri Steel Castings Ltd....


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