C. T. RAVIKUMAR, SUDHANSHU DHULIA
Charu Kishor Mehta – Appellant
Versus
Prakash Patel – Respondent
ORDER
1. The present SLP challenges the order dated 13.06.2022 passed by the High Court of Judicature at Bombay in First Appeal No. 531/2022, dismissing the Appeal with a cost of Rs. 5 lakhs. The petitioner is the appellant before the Bombay High Court and filed a suit before the Trial Court in which the defendant had moved application under Order VII, Rule 11 of the Code of Civil Procedure, 1973 for rejection of the plaint. The application was allowed and the suit was dismissed by Order dated 25.05.2022 by the Trial Court. This was the order challenged in the first appeal, a reference of which has already been made above.
2. All the same, before we come down to the order passed in the first appeal, we must narrate the facts of the case which have a crucial bearing on the case. The petitioner had availed credit facility from the Oriental Bank of Commerce, Mumbai and had outstanding dues running approximately to the tune of Rs. 277,00,00,000/-. The Bank ultimately moved an application before Debts Recovery Tribunal ('DRT' for short) for recovery of its dues from the present petitioner and others. This original application was allowed by the DRT, Mumbai on 24.07.2006 and consequently r
[No cases identified as bad law. None of the provided case laws contain keywords or phrases indicating they have been overruled, reversed, abrogated, or otherwise treated as bad law.]
No cases could be categorized into treatment patterns such as Followed, Distinguished, Criticized, Questioned, Overruled, Reversed, or Abrogated. The provided case law entry [Subrata Roy Sahara VS Union of India - 2014 4 Supreme 129 consists solely of substantive legal propositions (e.g., "Provisions of CPC per se inapplicable to proceedings under the SEBI Act," "A judicial order cannot be assailed by filing writ petition," etc.) with no references to how this case or any other cases have been treated in subsequent decisions.]
[Subrata Roy Sahara VS Union of India - 2014 4 Supreme 129: Treatment is unclear. The entry lists multiple legal principles but provides no keywords or phrases (e.g., "followed," "distinguished," "overruled") indicating judicial treatment by subsequent decisions. Without such indicators, no objective categorization is possible based on the provided information.]
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