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2010 Supreme(Guj) 80

JAYANT PATEL
Mama Dev Silk Mlls Pvt. Ltd. – Appellant
Versus
Gujarat State Financial Corporation (State Financial Corporation) – Respondent


Advocates:
Appearance :
Mr. Tushar L. Sheth, for the Petitioner No. 1.
Rule Not Recd Back, for the Respondent No. 1.
Mr. R.d. Dave, for the Respondent No. 1.

Judgment

Jayant Patel, J.—The short facts of the case appears to be that the petitioner had applied for loan from respondent Corporation for establishment of the industrial unit and as per the petitioner the loan was sanctioned for Rs. 4 crore. Thereafter, the respondent Corporation intimated to the petitioner that the Regional Office had no power to sanction the loan exceeding Rs. 2.40 crore and, therefore, the loan was sanctioned for Rs. 2.40 crore in the year 2000. The respondent Corporation thereafter sanctioned the additional term loan of Rs. 1.35 crore and accordingly the total term loan was sanctioned of Rs. 3.75 crore. As per the petitioner, the disbursements were made of the first and second instalments, but in the third instalment on 30.8.2001, the respondent Corporation deducted the amount of interest due from the earlier disbursements and did not pay the full instalments. It is the case of the petitioner that as per the agreement of loan transaction, there was moratorium period of 24 months, therefore, the principal amount was not payable, in any case. On 5.11.2001, the officers of the respondent Corporation came to the Unit and forcibly applied the seal and all the empl






















































































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