SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Kar) 617

R.B.BUDIHAL
Sharath Rukmangada – Appellant
Versus
Cauvery Papers Limited (In Liquidation), M. G. Road, Bangalore – Respondent


Advocates Appeared:
For the Applicants :Sri Ajesh Kumar for Sri Ashwin C, Advocate.
For the Respondent:Sri K.S. Mahadevan, Advocate for Official Liquidator and Sri V.J. Achalananda, Advocate.

ORDER :

Budihal R.B., J.

These applications are filed by the applicants under Rule 6 read with Rule 9 of the Companies (Court) Rules, 1959.

2. C.A. No. 54 of 2016 is filed by the applicants praying the Court to set aside the judgment dated 22-12-2003 passed by the Debts Recovery Tribunal in O.A. No. 872 of 1999, which is produced at Annexure-C, and also to set-aside the orders dated 27-5-2015 and 24-6-2015 passed by respondent no. 2 in DCP No. 3096 of O.A. No. 872 of 1999 produced at Annexure-F, as they are nonest, illegal and arbitrary.

3. C.A. No. 55 of 2016 is filed by the applicants to stay the execution/recovery proceedings in DCP No. 3096 of O.A. No. 872 of 1999 pending before the respondent no. 2.

4. Looking to averments made in both these applications, the said averments are one and the same, therefore, both these applications are taken together to dispose of them by this common order.

5. The facts in brief as pleaded by the applicants are that, M/s. Cauvery Papers Limited (In Liqn.) i.e., respondent no. 1 herein had borrowed a term loan of Rs. 305 Lakhs from IDBI, IFCI and ICICI on 8-9-1982 and further loans of Rs. 28.80 Lakhs and Rs. 34 Lakhs on 27-3-1985 and 9-11-1987 respecti


























































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top