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2002 Supreme(Kar) 504

H.RANGAVITTALACHAR
STATE BANK OF HYDERABAD, BIHAR – Appellant
Versus
DEBTS RECOVERY APPELLATE TRIBUNAL, MUMBAI – Respondent


Advocates:
A.Venkatachalaiah, B.RUDRA GOWDA, G.M.Poonacha, M.Shiva Prakash

., J.

( 1 ) THE state bank of hyderabad has filed this petition against the interim Order passed by the debts recovery tribunal, bangalore, on la. No. 5, dated 31-7-1998 and confirmed by the debts recovery appellate tribunal, Bombay in appeal No. 354 of 1998.

( 2 ) THE writ petitioner filed an application before the debts recovery tribunal in o. a. No. 725 of 1997 against respondents 4 to 8 for recovery of a sum of rs. 48,00,205/ -. The bank also obtained an interim Order dated 7-7-1997 under which the singareni collieries company limited, 10th respondent herein was directed to deposit a sum of rs. 9,98,000/- with the bank. Meanwhile, one Sri G. Sambaiah Claiming to be the creditor of one m. Krishna reddy, 2nd respondent before the tribunal, had obtained a prohibitory Order in o. s. No. 1183 of 1997 in the city civil court, hyderabad, against the very singareni collieries under Order 38, rule 5 of the cpc not to part with the said money. Since there were two conflicting orders, the said singareni collieries filed a writ petition in 29180 of 1997 before the High Court of andhra pradesh against the state bank of hyderabad and other respondents for a direction to obey which of the conf










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