Case: Central Bank of India Vs S. Bose and Co. and Ors.. Kolkatta Debt Recovery Tribunals
| Judges | D.C. Thakur, Presiding Officer |
| Issue | Code of Civil Procedure (CPC), 1908 - Rules 33, 45; Code of Civil Procedure (CPC), 1908 - Section 109; Recovery of Debts Due To Banks And Financial Institutions Act, 1993 - Section 19 |
| Citation | I (2007) BC 116 |
| Judgement Date | Wednesday April 05, 2006 |
| Court | Kolkatta Debt Recovery Tribunals |
Order:
D.C. Thakur, Presiding Officer
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Mr. Debasish Chowdhury, the learned Advocate appears for the applicant Bank.
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Mr. Pradip Kumar, the learned Advocate, led by Mr. P.K. Chatterjee, the learned Advocate appears for the defendants.
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During the day's hearing, this Tribunal has also taken note of the appellate order, passed in connection with the appeal No. nil of 1992 to arise out of Suit No. 419 of 1991, in the High Court at Calcutta (Civil Appellate Jurisdiction) on June 24, 1992 in the matter of Central Bank of India v. S. Bose & Company and Ors., by the Division Bench, consisting of the Hon'ble Justice Ajit K. Sengupta and the Hon'ble Justice Shyamal Kumar Sen (as Their Lordship were then).
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The above order has been in fact an appellate order pronounced in connection with the appeal preferred by the applicant Bank against the order of the Hon'ble Trial Judge on an application for the appointment of the Receiver and for a direction upon the Receiver to sell the hypothecated assets.
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At the time of disposing of the Bank's above appeal, the Hon'ble Division Bench had been pleased to pronounce the following:
Having heard the learned Advocates appearing for the parties, we direct the...
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