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2001 Supreme(P&H) 1080

M.L.SINGHAL
Haryana Financial Corporation Limited – Appellant
Versus
Kabis Shines Private Limited – Respondent


Judgment

1. Vide order dated 23-12-97, Additional Civil Judge, Senior Division, Hissar allowed the application of M/s. Kabis Shines Pvt. Ltd., a company registered under the Indian Companies Act restraining the Haryana Financial Corporation from taking possession of its factory unit. Not satisfied with this order dated 23-12-97 of Additional Civil Judge (Senior Division), Hissar, Haryana Financial Corporation went in appeal. Vide order dated 27-2-99, learned District Judge, Hissar dismissed the appeal. Still not satisfied, Haryana Financial Corporation has come up in revision to this Court.

2. By means of this order, Civil Revisions No. 3202, 3213, 3214, 3215 and 3216 of 1999 would be disposed of as the same question of law and fact is involved in all these revisions. Facts :

3. M/s. Kabis Shines Pvt. Ltd., a Company registered under the Indian Companies Act, 1956, availed loan of Rs. 85.37 lacs on 14-12-93 which was to be repaid in 29 instalments. Payment of Rs. 39.40 lacs was paid to Haryana Financial Corporation upto 16-12-97. Payment of Rs. 6 lacs was made on 12-12-97. On the request of the plaintiff, defaulted amount was allowed to be paid as per rescheduling vide letter dated




















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