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2008 Supreme(Mad) 4543

SUDHANSU JYOTI MUKHOPADHAYA, V.DHANAPALAN
Raj Kumar Khemka & Another – Appellant
Versus
Union of India, Ministry of Finance, Rep. by its Secretary & Others – Respondent


Advocates Appeared:
For the Petitioner:Vijay Narayan, Senior Counsel, M/s. S.R. Rajagopal, Advocate.
For the Respondent:R1 & R2, Mr. Murray, M/s. Suchindran, Advocates.

Judgment :-

Common Order : (S.J. Mukhopadhaya, J.)

1. These Writ Petitions have been preferred by the borrower/guarantor, raising common question of law, pursuant to common proceedings pending before the Debts Recovery Tribunal (for short, the DRT)-I, Chennai. Therefore, they were heard together and decided by this common order.

.2. The borrower in these cases is M/s.NEPC Agro Foods Limited (writ petitioner in W.P.No23660 of 2008). The lender is M/s.Janata Sahakari Bank Limited (first respondent in W.P.No.23660 of 2008 and second respondent in W.P.No.9930 of 2008) (for short, the Co-operative Bank), which is registered under the provisions of the Maharashtra Co-operative Societies Act. The petitioner-Raj Kumar Khemka (in W.P.No.9930 of 2008) is the guarantor. The respondent-Co-operative Bank, having given certain credit facilities to the borrower, it initiated proceedings against the borrower before the Co-operative Court No.I, Mumbai and the dispute came to be dismissed by order dated 3. 2006. Against the said order dated 3. 2006, the respondent-Co-operative Bank filed an appeal before the Co-operative Appellate Tribunal, which allowed the case, by order dated 19. 2006 and remitte



































































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