Drat Mumbai Court September 2005 Judgments
Arvind Vasudeo Deshmukh Vs. United Western Bank Ltd. and ors.
Court: DRAT Mumbai
Decided on: Sep-27-2005
Reported in: II(2006)BC209
1. This miscellaneous appeal is filed by the appellant/original defendant No. 4 Mr. Arvind Deshmukh being aggrieved by the order dated 18th September, 2003 passed by the learned Presiding Officer of the D.R.T., Nagpur in interlocutory application No. 755/2002 in Original Application No. 473/2001. By the impugned order, the learned Presiding Officer dismissed the application made by the appellant in which he had prayed for striking out his name from the array of defendants.2. I have heard Mr. Deo for the appellant and Mr. Maniyar for the respondent No. 1 Bank. I have gone through the proceedings including the impugned order and, in my view, the learned Presiding Officer has not committed any error in dismissing the application made by the appellant.3. Proceedings reveal that the defendant No. 4 has already filed his written statement and has taken certain defences. Thereafter without allowing the matter to proceed in accordance with law and culminate in the final order, suddenly the ap...
Tag this Judgment!Gammon India Ltd. Vs. Andhra Bank
Court: DRAT Mumbai
Decided on: Sep-20-2005
Reported in: II(2006)BC38
1. This appeal is filed by the appellants/original defendants being aggrieved by the judgment and order dated 18th November, 2003 passed by the learned Presiding Officer of the DRT-I, Mumbai in Original Application No. 1277/2000. By the impugned judgment and order, the learned Presiding Officer partly allowed the original application in favour of the Bank with proportionate costs and ordered the defendants/present appellants to pay to the applicant Bank a sum of Rs. 75,43,053.28 with future interest at the rate of 17.5.% per annum from the date of original application till realization of the amount. The learned Presiding Officer directed issuance of recovery certificate in the above stated terms. Being aggrieved, the present appeal is filed by the defendants/present appellants. The defendant was a constituent of the applicant Bank and had entered into divers agreements for construction with the State of Andhra Pradesh and in terms of the said agreements had to furnish Bank guarantees....
Tag this Judgment!Sangli Bank Ltd. Vs. Prabha K. Maheshwari and ors.
Court: DRAT Mumbai
Decided on: Sep-20-2005
Reported in: II(2006)BC42
1. This appeal is filed by the appellants original applicant Sangli Bank Ltd. being aggrieved by the judgment and order dated 2nd July, 2004 passed by the learned Presiding Officer of the DRT-II, Mumbai in Original Application No. 204/2000 (High Court in Suit No. 3691 of 1995). By the impugned judgment and order, the learned Presiding Officer allowed the original application in favour of the Bank with no order as to costs against all the defendants subject to that liability of legal representatives of defendant No. 7 Madhusudan Kamani (deceased) would be restricted to the extent of available estate, if any, in her hands from deceased Madhusudan Kamani and the learned Presiding Officer ordered the defendants to pay jointly and severally to the applicant Bank a sum of Rs. 15,00,000/- with interest at the rate of 16.5% per annum with quarterly rests from 19th August, 1992 till the date of filing of the original application with further directions that the said amount would be adjusted/se...
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