Court : DRAT Mumbai
Reported in : II(2005)BC129
..... 10 industrial development bank of india and for fixing date of ..... the learned presiding officer after hearing both the sides and after going through the relevant provisions of the old act, unit trust of india act, 1963, and the new act the unit trust of india (transfer of undertaking and repeal) act, 2002, so also section 4a of the companies act, came to the conclusion that there was no substance in the objections raised by the defendants about maintainability of the original application ..... ascribed and the respondent nos.1 and 2 will have to be held successors in title of the erstwhile uti.he drew my attention to section 8 of the general clauses act, 1897 and argued that as per provisions of section 8 when an act is repealed and re-enacted with or without modification, any provision of a former enactment namely unit trust of india act, 1963 then references in any other enactment or in any instrument to the provision so repeated shall, unless a different intention appears, ..... of section 21 states as follows: "notwithstanding such repeal, any thing done or any action taken or purported to have been done or taken including any rule, regulation, notification, scheme, inspection order or notice made or issued or any appointment, confirmation or declaration made or any permission, authorization or exemption granted or any document or instrument executed or any direction given under the act hereby repealed shall, insofar as it is not in consistent with the provisions of this act, be .....
Tag this Judgment!Court : DRAT Mumbai
Reported in : IV(2004)BC220
..... industrial development bank of india ..... authority, the supreme court commented that though the full bench of the bombay high court has recorded that the court should be conscious of present market tendencies and grant of loan by the banks and financial institutions for the purposes of industrial growth and development in the country and should be pragmatic in exercising powers under order 40 rule 1 of the code of civil procedure, this pragmatism has been given restrictive meaning by ..... the export import bank of india, i was told, has filed separate original application in the debts recovery triburial, ..... bank of india, ..... commented on the observations made by the bombay high court in the case of state bank of india v. ..... registered architects and valuers are appointed as valuers to value the property of the appellants daewoo motors (india) limited, which is described in exhibits a to c annexed to the original application filed by the ..... voluminous proceedings and the reasons given by the learned presiding officer, rejecting application made by the applicant bank and in my opinion, considering the overall circumstances, financial crisis, which the respondent no. ..... due to banks and financial institutions act, 1993 has been enacted by the parliament for expeditious disposal and recovery of debts due to banks and financial ..... there is no change of circumstances, that in the earlier application same reliefs were sought, that no grievance was made with respect to the amount of royalty to be paid, etc. mr. .....
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