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2000 Supreme(Raj) 580

S.RAJENDRA BABU, SHIVARAJ V.PATIL
Uttam Singh Dugal and Co. Ltd. – Appellant
Versus
United Bank of India – Respondent


Advocates Appeared:
Dushyant A. Dave, Ashok H. Desai, Senior Advocates with Prashant Kumar, Niti Dikshit, S.K. Mehta, Dhruv Mehta, Shobha, K.N. Balgopal, C.N. Sree Kumar, A.P. Mukundan and Mahendra Singh, Advocates, for Appearing Parties

Honble BABU, J.–This petition is filed against the judgment passed by the High Court of Calcutta affirming a decree passed by the learned Single Judge of the High Court for a sum of Rs. 1015.50 lakhs on application of the respondent for judgment upon admission as provided under Order XII, Rule 6 of the Code of Civil Procedure. The facts leading to the suit are as follows :

(2). Transorient Engineering Company Ltd. subcontracted construction of students dormitories/dining hall for the University of Baghdad, Iraq. Respondent Nos. 1 to 3 functioned as consortium to finance the said project. Certain disputes having arisen petitioner filed suits against the respondent Banks that the debits raised are illegal etc. Indian Overseas Bank (IOB) filed a suit for recovery of certain sums of money and an application made therein under Chapter XIII-A of the Original Side Rules and the High Court of Calcutta rejected the same and Respondents 1 and 3 Banks and E.C.G.C. were also impleaded by an amendment in the said suit. Respondent No. 1 filed a suit for recovery of certain sum of money with certain other reliefs and in that suit, application for judgment upon admission was allowed. Appeal thereon





































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