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2018 Supreme(Guj) 1115

RAJESH H.SHUKLA
Supreme Nutri Grain Private Limited – Appellant
Versus
Dena Bank – Respondent


Advocates Appeared:
For the Petitioner: Aditya A. Gupta, A.R. Gupta
For the Respondents: S.S. Panesar

JUDGMENT AND ORDER :

Rajesh H. Shukla, J.

The present petition is filed by the petitioners under Article 226 of the Constitution of India for the prayers inter alia that appropriate writ, order or direction may be issued to the respondent - bank to release the charge over the movable and immovable property as stated in the prayer clause and also direct to issue No Due Certificate to the petitioners.

2. The facts of the case briefly summarized are as follows:

2.1 That, the petitioner no.1 is a Private Limited Company incorporated under the provision of the Companies Act, 1956. The petitioner no.2 is a guarantor for the loan granted to the petitioner no.1Company. The respondent - bank had sanctioned cash credit facility for maximum limit of Rs. 700 lacs and term loan facility with maximum limit of Rs. 450 lakhs in favour of the petitioner, however as the petitioner no.1 was not satisfied with the facility and service, it decided to shift loan with Kotak Mahindra Bank, who agreed to provide loan facility with more attractive terms. Therefore on the basis of the sanction letter dated 02.05.2016, the confirmation of the respondent - bank was to be obtained for handing over the property pape






































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