Spie Capag VS. Union Of India & Anr

Extract

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Spie Capag VS. Union Of India & Anr

The Judgement Information System CASE NO.: Appeal (civil) 3201 of 2008

PETITIONER: M.V. JANARDHAN REDDY

RESPONDENT: VIJAYA BANK & ANR

DATE OF JUDGMENT: 02/05/2008

BENCH: C.K. THAKKER & D.K. JAIN

JUDGMENT: J U D G M E N T

REPORTABLE

CIVIL APPEAL NO. 3201 OF 2008

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 2189 OF 2007

C.K. THAKKER, J.

1. Leave granted.

2. The present appeal is filed by the appellant herein against the judgment and order dated October 18, 2006 passed by the High Court of Andhra Pradesh in Original Side Appeal No.

44 of 2006. By the said order, the Division Bench of the High Court dismissed the appeal and confirmed the order, dated September 8, 2006 passed by the Single Judge of that Court in Company Application No. 73 of 2006.

3. To appreciate the controversy raised in the present appeal, few relevant facts may be stated;

4. Vijaya Bank-Respondent No.1 herein ('Bank' for short) filed Original Suit No. 57 of 1989 in the Court of Subordinate Judge, Bhongir against Messrs Kran Organics Chemicals (P) Ltd (in liquidation) ('Company' for short) for recovery of Rs.94,50,524/- as also another Suit bein...

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