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2020 Supreme(HP) 86

L.NARAYANA SWAMY, DHARAM CHAND CHAUDHARY
Sampooran Layer Farming Pvt. Ltd. – Appellant
Versus
Indian Overseas Bank – Respondent


Advocates Appeared:
Umesh Kanwar, Advocate, Arvind Sharma, Advocate

JUDGMENT

Dharam Chand Chaudhary, J. - The petitioner is a private limited company, incorporated vide certificate Annexure P-1. Shri Sumit Khanna, through whom this writ petition has been filed and his wife Rashi Khanna are its Directors as is apparent from the resolution Annexure P-2. The department of industries, Government of Himachal Pradesh vide Annexure P-3 has approved the project proposal qua setting up the industrial enterprises "Poultry feed and processing of broiler Meat manufacturing unit along with slaughter House" at Village Bijapur, Tehsil Amb, District Una, Himachal Pradesh in favour of the petitioner.

2. Admittedly, five FDRs Annexure P-4 (colly.) in the sum of Rs.10,00,000/- (ten lacs) each are prepared in the name of the petitioner-company and already matured for payment on 17.2.2019. The petitioner in order to set up its unit needs finances and for that approached the respondent-Bank to release the amount under the FDRs in its favour, besides, having applied for sanction of loan also. The complaint is that the respondent-bank despite repeated requests failed to release the amount under the FDRs, in favour of the petitioner. The representation Annexure P-5 and lega

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