K.GNANAPRAKASAM, CHAIRPERSON
Ahmed Leather Exports Pvt. Ltd. – Appellant
Versus
Bank of Ceylon – Respondent
K. Gnanaprakasam, Chair-person—Both these Appeals have been filed by the Defendants 1 and 2 in the OA-345/2002 Regular Appeal RA-52/2005 has been filed as against the final Order dated 31.3.2005 in OA-345/2002 and Miscellaneous Appeal MA-93/2005 filed as against the Order dated 31.3.2005 in IA-348/2004 in OA-345/2002, passed by the DRT-II, Chennai. The Respondent Bank filed the OA for recovery of a sum of Rs. 7,51,30,174/- together with future interest @ 22 % per annum with monthly rests from the date of application till realization and for other reliefs and the same was decreed. Hence the Appeal.
The case of the Respondent Bank is as follows:—
2. The 1st defendant is a Company with three Directors 1) Mr. Ahmed Basha, 2) Mrs. Shamshad Begum, and his nephew, 3) Mr. Ameen Sayed. Mr. Ahmed Basha was no more on the date of filing of the OA. As per the information available to the Bank, Mrs. Shamshad Begum and Ameen Sayed, are the only Legal Representatives of the deceased Ahmed Basha and they have undertaken the liability for all his debts and obligations. The 1st defendant had ad-hoc credit facilities with the Bank in 1997, furnished his immovable properties set out in Sche
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