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1994 Supreme(Cal) 213

BABOO LALL JAIN
ANDHRA STEEL CORPORATION LTD. – Appellant
Versus
BANK OF BARODA – Respondent


BABOO LALL JAIN, J.

( 1 ) AN order was made on 27- 11 1989 by Justice U. C. Banerjee allowing instalments to the Company and further giving liberty to the petitioner to apply in case of default.

( 2 ) BY another order dated 10-9-1990 passed by Justice Prabir Kumar Majumdar instalment were again allowed to the Company for payment of the dues of the petitioning creditor. By the said order dated 10-9-1990 it was, inter alia, provided that in default of making payment in the manner as indicated in the said order, the petitioner will be at liberty to apply for further directions.

( 3 ) IT has been submitted on behalf of the petitioner that there has been defaults in payment of the instalments as directed by the aforesaid order though some payments were made. It has also been submitted on behalf of the petitioner that in view of the defaults, the petitioner has become entitled to seek further directions in the matter.

( 4 ) THE learned Advocate appearing on behalf of the Company has not disputed the defaults nor has he filed any affidavit on behalf of his client disputing any default. It has been submitted what by virtue of The Recovery of Debts Due To Banks And Financial Institutions






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