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2016 Supreme(Bom) 332

A.S.OKA, V.L.ACHLIYA, ANUJA PRABHUDESAI
ICICI Bank Limited – Appellant
Versus
Unimers India Limited – Respondent


Advocates:
Advocate Appeared:
Mr.Venkatesh Dhond, Senior Counsel a/w Mr.Prasad Shenoy, Ms Gargi Bhagwat, Ms Shivani Potnis i/b Divekar Bhagwat & Co. for the appellant
Mr.Cyrus Ardheshir with Mr. Sushrut Desai, L.A.Rubens, Mr. Sujit S. Suryawanshi, Mr. Y. Rubens i/b Vigil Juris for the respondent No.1
Mr. Murtuzaa Najmi for the intervenor
Ms Prachi Sawant for the respondent No.4-LIC.

JUDGMENT :

1. A Division Bench of this Court by an order dated 25th August 2015 expressed an opinion that the following questions should be decided by a larger Bench of this Court. The said three questions read thus:

“(i) Whether a debenture trustee suing on behalf of the debenture-holder for recovery of sums payable to the debenture-holder can file a suit on the original side of this Court since suit is for recovery of the debt?

(ii) Whether such proceedings can be initiated by the debenture-trustee before the Debt Recovery Tribunal?

(iii) Whether the judgment in the case of Krishna Filaments (supra) would be applicable to the facts of the present case and whether there is any difference of opinion between two judgments which are delivered by two Division Benches of this Court?”

2. The Hon'ble Acting Chief Justice by order dated 6th October 2015 directed that the present Full Bench be constituted to decide the aforesaid questions.

3. Though Larger Bench cannot decide the factual controversy, for the sake of convenience, a brief reference to the facts of the case will be necessary.

4. The appellant is a banking company incorporated under the provisions of the Companies Act, 1956. It is a






































































































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