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1992 Supreme(Del) 430

B.S.YADAV, V.B.ERADI, Y.KRISHNAN
PADMALAYA AUTO COMPLES LIMITED – Appellant
Versus
ANDHRA PRADESH STATE, FINANCIAL CORPORATION – Respondent


Advocates Appeared:
N.C.Ranganijan

Y. Krishan

( 1 ) THE complainant Padmalaya Auto Complex Ltd. has claimed damages amounting to Rs. 30. 00 lakhs on account of failure on the part of the Opposite Party- A. P. Financial Corporation to release the instalments of loans against the sanctioned term loan of Rs. 41. 8 lakhs in time. In addition, it has prayed for ceriain directions to be given to the Opposite Party for release of the balance of the funds sanctioned, not to charge interest on the amount so far advanced upto the date of release of the balance of funds, to forbear from demanding the repayment of principal, to reschedule the repayment of the loans after the release of the balance of the sanctioned loan, not to charge commitment charges in respect of the balance of amount sanctiotned but remaining undrawn or undisbursed.

( 2 ) ACCORDING to the complainant in October, 1986 the Opposite Party State Pinalice Corporation sanctioned aterm loan of Rs. 41. 9 lakhs against the request for a term loan of Rs. 30 lakhs only. The first instalment Of loan of Rs. 10. 45 lakhs was granted in October, 1988. The complainant sought for the further release of the loan in February, 1989 but there was dispute about the value of the










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