SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Del) 37

SURESH KUMAR KAIT
Seetha Kumari – Appellant
Versus
Bajaj Finance Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Ankit Shah, Ms. Tanzeela Mubashsharah.
For the Respondent: Mr. Paras Parekh.

JUDGMENT :

SURESH KUMAR KAIT, J.

1. The present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with respondent.

2. Petitioner-Seetha Kumar claims to be engaged in a borrower-lender relationship with the respondent since 2015. Petitioner had availed Loan Against Securities from respondent between 2015 to 2018 which came to be paid off in full. Around September 2018, petitioner further availed loan against securities for an amount of Rs. 10 crores for the period of 24 months. Petitioner was granted additional loan of Rs. 10 crore for a period of 24 months vide letter dated 02.05.2019 and Loan cum Pledge cum Guarantee Agreement dated 03.05.2019. Accordingly, the total sanctioned loan was Rs. 20 crores, which was adequately secured by holding securities in form of shares of two listed companies namely, Hinduja Global Solutions Ltd. and Jindal Poly Film Ltd. with margin of 100% to the satisfaction of the respondent.

3. Learned counsel for petitioner has submitted that margin of 100% was always maintained throughout the tenure of the said loan except on one occasion for on

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top