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2019 Supreme(Bom) 1934

A.A.SAYED, RIYAZ I.CHAGLA
MSTC Limited – Appellant
Versus
Standard Chartered Bank – Respondent


Advocates:
Advocate Appeared:
Gaurav Joshi, Adv., Rohit Gupta, Adv., Darpan Bhatia, Adv., Victor Basu, Adv., Rafiq A Dada, Adv., Tushad Cooper, Adv., Kingshuk Banerjee, Adv., Radhika Gupta, Adv., Wadia Ghandy & Co, Adv.

JUDGMENT :

R.I. Chagla, J.

Rule. Rule made returnable forthwith. Heard by consent of parties.

2. This Petition filed under Article 226 of the Constitution of India impugns the order dated 21st April 2018 passed by the Debts Recovery Tribunal -I at Mumbai (for short "D.R.T.") dismissing the Miscellaneous Application for condonation of delay in filing the Review Application for review of the order dated 16th September 2017 in Interim Application No. 302 of 2017 passed by the D.R.T.

3. Learned Senior Counsel appearing for the Petitioner had during arguments stated that only prayer (a) in the Petition is pressed and prayer (b) which challenges the order dated 16th September 2017 passed by the D.R.T. in the Interim Application No. 302 of 2017 in Original Application No. 43 of 2012 is not pressed.

4. The Petitioner is engaged in the business of export of gold jewellery to foreign countries in association with certain traders of gold jewellery. The Petitioner had entered into a Receivable Purchase Agreement with the Respondent whereby the Respondent was to factor invoices raised by the Petitioner on the foreign buyers and make payment thereof to the Petitioner. The Respondent had in turn avail

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