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2009 Supreme(Guj) 328

K.S.RADHAKRISHNAN, AKIL KURESHI
Madhya Pradesh State Electricity Board – Appellant
Versus
Shree Bharat Co-operative Bank – Respondent


Advocates:
Appearance :
Mr. Mihir Thakor, Sr. Advocate with Ms. Lilu K. Bhaya, for the Appellant No. 1
Mr. K.K. Pandey, for the Respondent No. 1
None, for the Respondents No. 2 - 5.

Judgment

K.S. Radhakrishnan, CJ.—Madhya Pradesh State Electricity Board (for short ‘MPEB’) has come up with this Letters Patent Appeal aggrieved by the directions of the learned Single Judge directing the Board as well as the State of Madhya Pradesh to jointly and severally to make payment of requisite amount of interest and the principal on the MPEB Bond as per the Scheme within period of three months from receipt of the order and also for consequential relief.

2. Special Civil Application No. 128 of 2005 was preferred by the first respondent-original petitioner-Shree Bharat Co-operative Bank Ltd seeking directions to the Respondent No. 2 to 6, more particularly, Madhya Pradesh Electricity Board and the State of Madhya Pradesh to make payment of interest and principal amount due from 30th June, 2000 till date as per the Schedule and as per the private placement in MPEB Bonds (1)-98 and also to make payment of interest and two installments of principal amount at the rate of 66% due as on 31.12.2004 as promised and guaranteed by the Respondent Nos. 2, 4, 5 and 6 to the tune of Rs. 2,00,25,000/- (Rupees Two Crores and Twenty Five Thousand only) and also for other consequential reliefs














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