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1999 Supreme(Pat) 821

ASOK KUMAR GANGULY
Kavita Pigments And Chemicals (Pvt. ) Limited – Appellant
Versus
Allahabad Bank – Respondent


Judgment

1. This writ petition has been filed for quashing the order dated 30-12-1998 passed by the Debt Recovery Tribunal, Patna in O.A. No. 4/97.

2. It appears that an application under Sec. 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter called the said Act) was filed against the petitioner by respondent No. 1 which is Allahabad Bank, Bokaro Steel City Branch, Naya More, Bokaro, Bihar (hereinafter called the said Bank). In the said application the said Bank as an applicant has made out a case that the petitioner No. 1, a Company incorporated under the Indian Companies Act, 1956 having its registered office at Bakaro, approached the said Bank through its Director for Cash credit Limit of rupees one lac for working capital and submitted its application for the same. The said Bank sanctioned the said cash credit limit of rupees one lac against the hypothecation of stocks and book debt payable on demand with interest specified in the sanction letter. Thereafter necessary documents were executed between the parties. The writ petitioner then approached the said Bank for enhancing the said limit upto rupees five lac thirty thousand and submitte





































































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