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2008 Supreme(Del) 594

MUKUL MUDGAL, V.K.SHALI
Sanjeev R. Apte – Appellant
Versus
I. F. C. I. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: M. Dutta, Adv.
For Respondents/Defendant:Atul Sharma and Abhishek Agarwal, Advs. for Respondent No. 1

JUDGMENT

Mukul Mudgal, J.

1. The writ petition challenges the order dated 27th November, 2007 passed by the Chairman, Debts Recovery Appellate Tribunal, Delhi. The facts of the case are as under:

2. The dispute arose from the judgment of the Debts Recovery Tribunal (hereinafter referred to as the DRT) in O.A. No. 415/2000 filed by IFCI Ltd. against M/s A.E.C. Ssangyong Ltd. and others for recovery of Rs. 50 crores and odd with pendente lite and future interest. The petitioner herein was the guarantor for the repayment of the said loan amount. Pursuant to the said suit, a recovery certificate was issued where the petitioner was Certificate Debtor No. 2. In these proceedings on 24th December, 2002, the following order was passed:

CD No. 2 through his counsel is directed to deposit his passport with the undersigned immediately. He is directed to file affidavit of assets/movable/immovable and details of bank accounts and details of family members by next date of hearing. CD. No. 2 is directed not to leave the country till further orders from the undersigned.

3. This order was challenged in appeal before the DRT and by the order dated 25th August, 2005 the said challenge was dismissed l








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