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2023 Supreme(Pat) 463

P. B. BAJANTHRI, ARUN KUMAR JHA
Jupiter Electricals and Lamps India Pvt. Ltd. , Through Sri Nisheeth Jaiswal, S/o. Late D. D. Jaiswal – Appellant
Versus
Union Of India through Secretary, Ministry of Finance, Government of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arbind Kumar Jha.
For the Respondents: Mr. Satyabir Bharti, Ms. Sushmita Sharma, Ms. Kanu Priya Singh, Mr. Shivendra Kumar Roy.

JUDGMENT :

(P.B. Bajanthri, J.)

On 06.12.2022, the following order was passed:-

    “Heard the matter for sometime.

The petitioner-Jupiter Electricals and Lamps (India) Pvt. Ltd. who had borrowed money in the form of Term Loan of Rs. 3 Crores from the respondent-IDBI Bank. The petitioner-Jupiter Electricals and Lamps (India) Pvt. Ltd. failed to repay the Term Loan along with the interest. Therefore, the respondent-IDBI Bank proceeded to declare the petitioner’s account as NPA at a sum of Rs. 3,90,00,556/-. The matter was decided by D.R.T., Patna on 21.12.2001 holding that petitioner company and two directors of the petitioner company are jointly and severely liable for making a payment of the amount of Rs. 4.34 Crores(approximately) along with further charges and interest from 01.07.2000.

In the light of R.P. Case No. 53/2002 was registered in the file of the Recovery Officer, D.R.T., Patna for execution of order dated 21.12.2001. The notice was issued to the petitioner on 14.03.2002. There was no response from the petitioners and its directors. Petitioners and directors have appeared th

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