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1981 Supreme(Cal) 327

SALIL KUMAR ROY CHOWDHURY
BANK OF INDIA – Appellant
Versus
ANDHRA STEEL CORPORATION LTD. – Respondent


SALIL KUMAR ROY CHOWDHURY, J.

( 1 ) THIS is an application by one Puma Investment Limited, a company incorporated under the Companies Act, 1956, and having its Registered Office at No. 33a. Chowringhee Road. Calcutta, alleged to be holding 956 Equity Shares of Rs. 10/- each fully paid up in the Capital of Andhra Steel Corporation Ltd.

( 2 ) THE petition is signed and verified by Promod Kumar Mittal, a son of Mohan Lal Mittal, the Defendant No. 3 in the suit. The suit was filed by the Bank in 1977 inter alia for a decree for Rs. 4,43,41,209. 59 P. and also for a declaration of charge under an agreement on hypothecation in respect of the goods mentioned in the Deed of Hypothecation, the sale of the said hypothecated goods, appointment of Receiver etc. In the said suit an interlocutory application was made and Receiver was appointed over the Undertaking the Defendant No. 1 Company, Andhra Steel Corporation Ltd. of its Dunkuni Unit. The plaintiff bank also filed a winding up application in 1978 in this Court for realisation of its dues which was not the subject matter of the present suit. Both the suit and the winding up petition by the plaintiff bank are pending. In 1977 the Defenda










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