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2018 Supreme(Gau) 805

A.K.GOSWAMI
Satya Megha Industries – Appellant
Versus
Punjab National Bank – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.P. Roy
For the Respondents: A. Ganguly

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. S.P. Roy, learned counsel for the petitioners. Also heard Mr. A. Ganguly, learned counsel for the respondents.

2. By this application under Section 115 read with Section 151 CPC, the petitioners assail the order dated 5.9.2017 passed by the learned District Judge, Kamrup, Guwahati in Transfer Misc. Case (C) No. 14/2017 rejecting the application filed by the petitioner praying for transfer of Title Suit No. 520/2016 along with Misc. (J) Case No. 805/2016 from the court of the learned Civil Judge, No. 3, Kamrup(M) to any other competent court of law.

3. The petitioners, on 15.12.2016 had filed the aforesaid Title Suit No. 520/2016 praying for the following reliefs:

"1. Declaration that total alleged claimed of Rs. 32,57,26,084.02 (Rupees thirty two crores fifty seven lakhs twenty six thousand eighty four and two paise only) shown by the defendant bank against the plaintiffs, is incorrect, illegal and not legally recoverable debt and said demand is the result of fraud;

2. Declaration that the classification of the C.C. Account Nos. 018900870000880 and 1201008700002212, Term Loan I Account No. 018900IC00990251, Term Loan II Account No. 018900IC0



















































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