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Drat Mumbai Court June 2002 Judgments

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Jun 12 2002

Continental Construction Vs. Export Import Bank of India and

Court: DRAT Mumbai

Decided on: Jun-12-2002

Reported in: IV(2004)BC194

1. This Misc Appeal is filed by the appellant/original defendant No. 1 M/s. Continental Construction Limited, being aggrieved by the order dated 27.12.2001, passed by the Incharge Presiding Officer, DRT I, Mumbai on Exhibit 9 in OA. No. 1241/2000.By the impugned order, the learned Presiding Officer, after hearing both the sides and after perusing the proceedings, especially the order dated 10.9.1998 passed by the learned Single Judge of the Bombay High Court in the Notice of Motion taken out by the original plaintiff i.e.M/s. Export Import Bank of India (hereinafter to be referred to as the 'Exim Bank') in Suit No. 660 of 1998, directed the appellant to deposit amount of compensation which the appellant had received from the United Nations Compensation Commission with the applicant Bank i.e. Exim Bank and the original defendant No. 2 State Bank of India (hereinafter to be referred to as the 'SBI'), who are creditors of the appellant in the proportion of 50.08% and 49.92% respectively....


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