P.T.ASHA
Kotak Mahindra Bank Limited, Chennai – Appellant
Versus
A. Manohar Prasad – Respondent
ORDER :
1. The applicant who has been adjudged an insolvent has moved this Court to annul the ex parte order of adjudication dated 28.09.2015 (A.No.298 of 2018) and to stay all further proceedings in I.P.No.5 of 2015 (A.No.299 of 2018) accusing the first respondent of being a Shylock wanting its pound of flesh, the counsel for the applicant playing Portia to his Bassanio claiming that the 1st respondent Bank had launched a multi pronged legal battle despite being adequately secured.
2. In order to appreciate the grievance of the applicant it is necessary to recapitulate the suits filed by M/s.Ind Bank Housing Limited in C.S.No.1023 of 1998 and C.S.Nos.33 and 52 of 1999 and the consent decree obtained by the first respondent herein who had got themselves substituted as plaintiff just prior to the passing of the consent decree.
Facts preceeding the filing of the applications:
2.1. The applicant herein and his late brother Ravi Shankar Prasad and their companies M/s. Mahalakshmi Properties and Investment Private Limited, M/s. Green Gardens Private Limited and M/s. Gemini Arts Private Limited had borrowed money from M/s. Ind Bank Housing Ltd.. Since the amounts were not repaid as promised,
Sushil Kumar Mehta vs. Gobind Ram Bohra (Dead) through his Lrs. (1990) 1 SCC 193
State of Punjab v. Rattan Singh AIR 1964 SC 1223
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Escorts Farms Ltd. Vs. Commissioner
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Harshad Chiman Lal Modi vs DLF Universal & Anr reported in 2005 (7) SCC 791
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