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2018 Supreme(Del) 2656

VIBHU BAKHRU
Amira Pure Foods Pvt. Ltd. – Appellant
Versus
Canara Bank – Respondent


Advocates Appeared:
For the Petitioners:Mr. Harish Malhotra, Sr. Advocate with Mr. Ruchir Midha, Mr. Karthik K.R. and Mr. Iggu Chiitioppa, Advocates.
For the Respondents:Mr. Kush Sharma, Mr. Varun Sharma, Ms S. Garg and Mr. Ekant Luthra, Advocates for Vijaya Bank. Mr Karan Khanna and Ms Asmita Kumar, Advocates (Canara Bank) (Indian Overseas Bank). Mr. Rajiv Kapur and Mr Nahit Bangia, Advocates for SBI. Mr. Ateev Mathur, Mr. Navneet Gupta, Mr. Ajay Monga, Ms. Jagriti Ahuja and Mr. Amol Sharma, Advocates ICICI Mr. Sumit Nagpal, Advocate for IDBI Bank. Mr. Santosh Kumar Rout, Advocate or BOB and BOI. Mr. Niraj Kumar, Advocate for Oriental Bank of Commerce. Mr. Amit Mahajan, CGSC for UOI.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner has filed the present petition, inter alia, praying as under:-

“A. An appropriate writ in the nature of Mandamus inter-alia directing the Respondent Banks to consider and accept the resolution plan and options put forth by the Petitioner Company for repayment of the total debt owned by the Petitioner Company;

B. An appropriate writ in the nature of Mandamus inter-alia directing the respondent banks to provide necessary guidelines and/or resolution plans conducive with the continuance of the daily business of the Petitioner Company, in case the resolution plan provided by the Petitioner Company is unacceptable to the Respondent Banks;”

2. The petitioner had availed of financial assistance from various banks, which are arrayed as respondents in the present petition. Admittedly, the petitioner has been unable to repay its debts due to various reasons, which the petitioner claims are beyond its control and/or occasioned by publication of false statements at the instance of two of its competitors.

3. Since the financial assistance extended to the petitioner exceeded `100 crores (thousand million), the respondent banks formed a Joint Lenders Forum (JL























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