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SUBHASH CHANDRA, J. RAJENDRA
Dalmia Bharat Sugar & Industries Limited – Appellant
Versus
Central Bank of India – Respondent


Counsel for the Parties:
For the Complainant:Mr. Dalip Kr. Malhotra and Mr. Rajesh Malhotra, Advocates
For the Opp. Party:Mr. Anuj Jain, Advocate (VC)

Judgment

Air Vice Marshal J. Rajendra, AVSM VSM (Retd.), Member—The present Consumer Complaints have been filed under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”) by M/s. Dalmia Bharat Sugar & Industries Limited against Central Bank of India. Since the facts and questions of law involved in both complaints are substantially similar, these are being disposed of by this common Order. For ease of reference, Consumer Complaint No. 46 of 2012 is being considered as the lead case, and the facts outlined below are derived therefrom.

2. The Complainant in Consumer Complaint No. 46/2012 has sought the following relief:

“a) pass an order directing the Opposite Party to pay to the Complainant a sum of Rs.3,95,71,930/- (Rupees Three crores Ninety-five Lacs Seventy-one Thousand Nine hundred thirty only) towards compensation for damage/loss suffered.

b) Pendente -lite interest @24% per annum from the date of filing till the date of recovery

c) Any such or further order, which this Hon’ble Commission deem fit and proper in the facts and circumstances of present case may kindly be passed.”

3. Brief facts of the case, as per the Complainant are that, the Complainant i

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