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2019 Supreme(Bom) 2217

PRADEEP NANDRAJOG, BHARATI H.DANGRE
Rockline Construction Company, Mumbai – Appellant
Versus
Doha Bank, Mumbai – Respondent


Advocates Appeared:
Parimal Shroff, Advocate, D.V. Deokar, Advocate, Sachin Pandey, Advocate, Siddhi Paradkar, Advocate, Parimal K Shroff, Advocate, Pravin Samdani, Advocate, Rajeev Panday, Advocate, Rushabh Sheth, Advocate, Sakshi Sharma, Advocate, C.J. Doveson, Advocate, Poornnima Utekar, Advocate, Vijay Nene, Advocate

JUDGMENT

Bharati Dangre, J. - The three Writ Petitions revolve around same set of facts and, therefore, are disposed of by this common judgment. Writ Petition No.8572 of 2014 is filed by the auction purchaser - M/s. Rockline Construction Company and the credit holder bank, the guarantor - M/s. Lodestar Slotted Angels Limited and the intervener Mahendra Kawad are the Respondents in the said Writ Petition. Writ Petition No.10703 of 2014 is filed by M/s. Lodestar Slotted Angels Limited. Writ Petition No.9078 of 2014 is filed by the creditor bank. In order to appreciate the controversy involved, we deem it appropriate to glean the facts from Writ Petition No.8572 of 2014.

2. Exactly two decades back, the Doha Bank QSC, formerly known as HSBC Bank, Oman, SAOG instituted two suits against Mrugank Investment Limited and one Geekay Exim Limited which came to be transferred to the DRT-II, Mumbai and numbered as O.A. Nos.1144/1999 and 1139/1999, for recovery of its dues and enforcement of the securities. The bank was accoutered with Recovery Certificate No.99/2002 and 100/2002 dated 30th April 2002 by the Debt Recovery Tribunal, Mumbai in the aforesaid Original Applications. Lodestar Slotted

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