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2005 Supreme(Bom) 547

S.U.KAMDAR
ICICI Ltd. – Appellant
Versus
Kothri Industrial Corporation Ltd, Prithviraj Infrastructure P. Ltd. , Hyderabad – Respondent


Judgment

S. U. KAMDAR, J.

( 1 ) THE present Chamber Summons is a classic example of how the legitimate claim of a creditor can be defeated by technical and legal wrangles raised by the debtors. The efforts do not end with the passing of the decree but continue even in execution of the decree thereof.

( 2 ) IN the present case execution of the decree is sought to be obstructed by raising the issue of jurisdiction of this Court by relying upon the provisions of sub-section (4) of section 39 of Civil Procedure Code as amended by amending act of 2002.

( 3 ) THIS Chamber Summons has been taken out under Order 21, Rule 89, rule 90 and under section 151 of the C. P. C. Some of the brief facts which are relevant to determine the issue raised by the judgment debtor are briefly enumerated as under :

( 4 ) A suit has been filed by the plaintiffs who are a financial institution known as ICICI Limited in their capacity as Debenture Trustees for the recovery of Rs. 6,84,91,000/ -. In 1993 the first defendant issued debentures and raised the funds of about Rs. 19,00,000/ -. The said debentures were secured debentures and to secure the interest of the debentures holders the plaintiff was appointed a


























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