M.M.SUNDRESH, R.N.MANJULA
Asset Reconstruction Company India Limited (ARCIL) – Appellant
Versus
Sri Devi Hospital, Represented by its sole Proprietor Dr. K. Senthil Nathan – Respondent
JUDGMENT :
M.M.SUNDRESH, J.
These two appeals arise out of a common order passed by the learned Single Judge, allowing the application filed seeking an order of injunction pending disposal of the suit while rejecting the application for rejection of plaint. Aggrieved by the aforesaid orders, these appeals are filed by the first defendant.
2. For the sake of convenience, the parties are referred to as per their ranks in the suit.
3. We have heard learned Senior Counsel for the parties and perused the documents filed, judgments produced and the written arguments of the first respondent.
4. Facts:
4.1. We believe an appropriate factual narration would substantially take care of the issues raised in these appeals.
4.2. A credit facility was extended by the third defendant – Indian Overseas Bank in favour of the plaintiff with its own Scheme of re-payment and terms and conditions attached. It was followed by a sanction letter which indicates collateral security as well. The reasons for granting of loan have also been indicated in the aforesaid communication.
4.3. An assignment agreement was
Chittaranjan Mondal v. Sankar Prosad Sahani MANU/WB/0101/1972 : AIR 1972 Cal 469
Elsamma and others v. The Kaduthuruthy Urban Co-operative Bank Ltd.
Jagdish Singh v. Heeralal reported in (2014) 1 SCC 479
Mindapore People's Co-op Bank Ltd and Ors Vs. Chunilal Nanda & Ors reported in (2006) 5 SCC 399
Mardia Chemicals Ltd and ors vs. Union of India and others reported in AIR 2004 SC 2371
P.S.Sathappan (Dead) By Lrs vs Andhra Bank Ltd and others reported in (2004) 11 SCC 672
Prataprai N. Kothari v. John Braganza MANU/SC/0316/1999 : AIR 1999 SC 1666
State Bank of Travancore v Mathew K C reported in (2018) 3 SCC 85
Sumathi v. Sengottaiyan and others reported in 2010 (3) CTC 53
State of Haryana & Ors v Navir Singh and Another report in (2014) 1 SCC 105
Tanusree Art Printers and Anr. v. Rabindra Nath Pal MANU/WB/0195/2000 : (2000) 3 CALLT 412(HC)
V.Thulasi v. Indian Overseas Bank reported in 2011 (3) CTC 801
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