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J.M.MALIK, S.M.KANTIKAR
N. L. P. Organics Pvt. Ltd. Through Sh. Anil Bahl, Managing Director – Appellant
Versus
Chairman-cum-Managing Director, Indian Bank – Respondent


Advocates:
Counsel for the Parties:
For the Complainant :Mr. M.A. Niyazi, Advocate.
For the Opp. Parties :Mr. Himanshu Munshi, Advocate.

ORDER

J.M. Malik, Presiding Member —The key controversy swirls around the short question, “Whether, the complainant is a ‘consumer’, under section 2(d)(i) of C.P.Act?”. The present complaint was filed in this Commission on 11.03.1999. M/s. N.L.P. Organics Pvt. Ltd., Bhiwadi, used to enjoy the credit facilities from the Indian Bank, through its Chief Manager, OP5, for carrying on its business activities and dealings in pharmaceuticals and supplying the medicines to Inland as well as foreign buyers. The complainant requested OP5 vide letter dated 18.04.1999 to sanction the rehabilitation package on its declaring as the sick unit, but on the contrary, the Bank, vide its letter dated 02.03.1995, did not accede to its request. The said fact was conveyed to the complainant vide letters of OP5, dated 08.01.1995 to 15.03.1995, and requested the complainant that it could accept the rehabilitation package as per the calculation as a cut-off dated on 31.03.1994 and not 31.03.1995.

2. OP5 vide its letter dated 02.03.1995, though sanctioned the open Cash Credit Limit and export packing credit limit to the total sum of Rs.10.00 lakhs, in favour of the complainant, however, only a sum of Rs.4.00 l








































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