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2015 Supreme(Bom) 1369

R.D.DHANUKA
Aditya Birla Finance Limited – Appellant
Versus
Carnet Elias Fernandes – Respondent


Advocates Appeared:
Mr.Bhavik Manek, a/w. Mr.Rahul Mehta, i/b. KMC Legal Venture for the Petitioner.
Mrs.Shobha Menon, Senior Advocate, a/w. Mr.Brijesh Pathak for Respondent Nos. 1 and 2.

JUDGMENT :

By this petition filed under section 9 of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of the Court Receiver of the property described in Ex.'U' to the petition and to handover physical and vacant possession thereof to the petitioner with liberty to dispose off the said property, seeks injunction against the respondents from dealing, selling, alienating, disposing and/or creating third party rights in respect of the said property and for other reliefs. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. Sometime in the month of September 2012, respondent nos. 1 and 2 approached the petitioner for a loan to the extent of Rs.18 crores for the purpose of infusion of equity/quasi equity unsecured loan in GEI and to takeover the existing loan from HDFC bank.

3. On 27th September, 2012, the petitioner issued a sanctioned letter in favour of the respondents which was duly accepted by the respondents. The petitioner and respondent no.1 executed facility agreement for the total amount of Rs.18 crores. Under the said agreement, the respondents agreed to repay to the petitioner the said amount at an agreed rate of int




















































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