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

2013 Supreme(Bom) 670

R.D.DHANUKA
IDBI Trusteeship Services Limited – Appellant
Versus
Kiri Industries Limited – Respondent


Advocates appeared:
For the Petitio0ner:S.U. Kamdar, Senior Advocate along with Chirag Mody i/b M/s DSK Legal, Advocates.
For the Respondents:Sunip Sen along with Kamal Khatta, Ajay Dhawale i/b Akhsay Wani, Advocates.

Judgment

By this petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act' for short), petitioner seeks an order and direction against the respondent to deposit in this Court an amount to the extent of Rs.43,63,0149/- with liberty to the petitioner to withdraw and/or furnishing the bank guarantee in the like amount, injunction against the respondents in respect of the mortgaged properties described in Exhibit-A to the petition and for appointment of Court Receive. Some of the relevant facts for the purposes of deciding this petition are as under.

2. The first respondent wanted to raise a debt for the purposes of repayment of long term loans, general corporate purposes and long term working capital requirements. Vide two letters dated 28th July 2011, the petitioner gave its consent to the first respondent for acting as the Debenture Trustee for such fees and on the terms and conditions mentioned in the said two letter. The first respondent accepted the said two letter by countersigning the same thereby according its acceptance of the contents.

3. On 10th August 2011, the petitioner and the first respondent entered into the Debent





































































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