Drat Mumbai Court March 2003 Judgments
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i.F.C.i. Ltd. Vs. U.T.i. Bank Ltd.
Court: DRAT Mumbai
Decided on: Mar-31-2003
Reported in: IV(2004)BC142
1. This Misc. appeal is filed by the appellant/original defendant No. 1 being aggrieved by the order dated 2.2.2003 passed by the learned Presi-ding Officer of Debts Recovery Tribunal-1, Mumbai on Exhibit No.6 in Original Application No. 5/2003. By the impugned order the learned Presiding Officer partly allowed the application made by the respondent/original applicant UTI Bank Limited, granting relief of injunction, etc. as prayed for against the present appellant and further directed the defendant No. 1 to disclose on oath details of all amounts already received/realised from each of the respondents and to hand over the same to the applicant. The defendants, their servants, agents, officials and representatives, etc. were restrained from receiving any further amounts from the respondents and the respondent Nos. 1 to 12 who were joined in the original application were ordered to pay the amount due and payable by each of them to the applicant directly. The applicant UTI Bank Limited is...
Nutan Warehousing Co. Pvt. Ltd. Vs. Indian Bank
Court: DRAT Mumbai
Decided on: Mar-17-2003
Reported in: IV(2004)BC214
1. This Misc. Appeal is filed by the appellant/original defendants being aggrieved by the order dated 20.1.2003 passed by the learned Presiding Officer of Debts Recovery Tribunal Pune on Exhibit No. 55 in Original Application No. 793-P/2001. By the impugned order, the learned Presiding Officer allowed the application made by applicant i.e. Indian Bank in terms of prayers made in the said application. It was prayed by the Indian Bank that they be allowed to appropriate to adjust amount of Rs. 28,37,000/- as also the future amounts to be received towards the suit account till realisation of the entire dues. This application was made by the applicant Bank as per Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002 (for the sake of brevity and convenience, hereinafter to be referred to as the "Securitization Act') 2. To understand the controversy, few facts which are required to be stated, are as follows: The appli...
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