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2009 Supreme(Mad) 61

SUDHANSU JYOTI MUKHOPADHAYA, R.SUBBIAH
State Bank of India & Others – Appellant
Versus
Southern Petrochemical Industries Corporation Limited, (SPIC) & Others – Respondent


advocates Appeared
For the Petitioners:S. Sethuraman, Jayesh B. Dolia for M/s. Aiyar & Dolia, T.M. Hariharan, Advocates.
For the Respondents: AR.L.Sundaresan, Senior Counsel for M/s. AL. Gandhimathi, G. Masilamani, Senior Counsel for M/s. Shivakumar, R. Krishnamurthy, Senior Counsel for M/s. Surana & Surana, S. Sethuraman.

Judgment :-


These petitions have been preferred by the State Bank of India (for short, the SBI), the Indian Bank (for short, the IB), the Central Bank of India (for short, the Central Bank) and the other Banks, challenging the interim order, dated 3. 2008 passed by the Debts Recovery Appellate Tribunal (for short, the DRAT), Chennai in I.A.No.165 of 2008 in M.A.No.35 of 2008, whereby and whereunder, the DRAT directed that out of Rs.180 crores lying with the IB, a sum of Rs.8 crores be disbursed to the Southern Petrochemical Industries Corporation Limited (for short, SPIC) until further orders, pending disposal of the appeal, to meet the urgent needs of SPIC towards electrical consumption charges, salary of the employees, provident fund, payment of superannuation amount, gratuity amount, tax and duties and minimum plant maintenance charges.

2. Since the issue involved is common, these cases are being disposed of by this common order.

3. The main plea taken by the petitioners-Banks is that the Original Applications have been filed by the two Banks and other Banks being the respondents, for recovery of its duties, at the instance of the borrower, one of the corresponding Banks, cann


















































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