Drat Mumbai Court August 2004 Judgments
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Dinesh Trilokchand Chaudhary Vs. Icici Bank Ltd. and ors.
Court: DRAT Mumbai
Decided on: Aug-23-2004
Reported in: I(2005)BC265
1. This Misc. Appeal is filed by the appellant/original defendant No. 3 Dinesh Trilokchand Choudhary being aggrieved by the order dated 5th May, 2004 passed by the learned Presiding Officer of Debts Recovery Tribunal-Ill, Mumbai on Exhibit No. 9 in Original Application No. 282 of 2003. By the impugned order, the learned Presiding Officer rejected the application made by the appellant for striking out his name from the proceedings on the ground that he was relieved as a guarantor in the year 1990 and therefore, he was absolved from the liability as a guarantor.2. I have heard Mr. A.R. Pandey for the appellant and Mr. Faizal Sayyad for the respondents. I have also gone through the proceedings and in my view, the learned Presiding Officer has correctly passed the order. The original application was filed by the applicant ICICI Bank Limited for recovery of the amount of Rs. 11,52,12,670/- as on 15.8.2003 with further interest and other charges. The loan was sanctioned by the applicant Ban...
Syndicate Bank Vs. Century Electronics and ors.
Court: DRAT Mumbai
Decided on: Aug-19-2004
Reported in: 3(2006)BC94
1. This appeal is filed by the appellant/original applicant Syndicate Bank being aggrieved by the judgment and order dated 7th March, 2003 passed by the learned Presiding Officer of the DRT-II, Mumbai in Original Application No. 19/2001. By the impugned judgment and order, the learned Presiding Officer, though allowed the application with half costs against the defendant Nos. 1 and 2, he disallowed the Original Application against the defendant Nos. 3 and 4. The learned Presiding Officer ordered defendant Nos. 1 and 2 to jointly and severally pay to the applicant-Bank an amount of Rs. 17, 37, 820/-with interest at the rate of 17% per annum from the date of filing of Original Application till full realization. He also ordered defendent No. 1 to pay to the applicant Bank an amount of Rs. 39, 775/- with interest at the rate of 12% per annum with quarterly rests from the date of filing of Original Application till full realisation and also gave certain consequential declarations. The lear...
Usha (India) Ltd. Vs. Sidbi and ors.
Court: DRAT Mumbai
Decided on: Aug-09-2004
Reported in: II(2005)BC5
1. This Misc. Appeal is filed by appellant/ original defendant No. 5 Usha (India) Ltd., being aggrieved by order dated 3.9.2003 passed by the learned Presiding Officer of the Debts Recovery Tribunal, Pune on Exhibit No. 49 in Original Application No. 117/2002. By the impugned order, the learned Presiding Officer rejected application made by appellant/original defendant No. 5 praying for stay of the proceedings which are initiated by respondent No. 1-Small Industries Development Bank of India (for the sake of brevity hereinafter to be referred to as 'SIDBI') on the ground that the appellant company is before BIFR and hence, they are logically entitled to protection under Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for the sake of brevity hereinafter to be referred to is 'SICA').2. I have heard Mr. Raut for the appellants and Mr. Sanjay Krishna for the respondent No. 1 Bank. I have gone through the proceedings so also relevant provisions of the Sick In...
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