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2006 Supreme(Mad) 1082

A.R.LAKSHMANAN, R.V.RAVEENDRAN
Indian Bank – Appellant
Versus
ABS Marine Products Pvt. Ltd. – Respondent


For the Appellant:L.N. Rao, Sr. Adv., Himanshu Munshi, Rajesh Kumar Chaurasia, Advocates with him For the Respondents: Jaideep Gupta, Sr. Adv., Rana Mukherjee, Siddharth Gautam, Goodwill Indeevar, Advs. with him.

Judgment :-

Raveendran, J.

These appeals by special leave are filed against the judgment dated 5. 2002 of the Calcutta High Court, dismissing A.P.O. Nos.57-58 of 2001 filed by the appellant-Bank against orders dated 21. 2001 and 13. 2001 passed by a learned Single Judge of that court, rejecting an oral application and a written application respectively, filed by the appellant-Bank for transfer of Civil Suit No.7/1995 (filed by first respondent herein against the appellant and others and pending on the file of the Calcutta High Court) to the Debt Recovery Tribunal, Calcutta, for being tried with O.A. No.170/1995 (filed by the appellant against the first respondent and its guarantors).

.2. The first respondent (also referred to as the borrower or company) approached the appellant-Bank (for short the Bank) for certain credit facilities. By Sanction Advices dated 17. 1991 and 12. 1991, the Bank sanctioned ad hoc packing credit facilities to a limit of Rs.20 lakhs and Rs.5 lakhs respectively. According to the Bank, the company utilized the said credit facilities, but committed default in repaying the amounts advanced. Therefore, the Bank filed O.A. No.170/1995 on 28. 1995 before the Deb





































































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