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2011 Supreme(P&H) 1067

NIRMALJIT KAUR
Bhagwati Apparels India – Appellant
Versus
Bibby Financial Services India – Respondent


Advocates:
For the Petitioners:Mr. S.C. Singhal, Advocate.
For the Respondent:Mr. M.S. Vinaik, Advocate, Mr. Deepak Bashta, Advocate & Mr. Gurpreet Singh, Advocate.

JUDGMENT

Mr. Nirmaljit Kaur, J.: - This is a petition under Section 482 Cr.P.C for quashing of the impugned complaint No.3560 of 2010 dated 28.07.2010 filed under Section 138 read with Section 142 of Negotiable Instruments Act and the summoning order dated 28.09.2010.

2. Petitioner no.1, a private Company, is stated to be manufacturing garments and supplying the same to M/s Liverpool Retail India Limited. Since the amount involved in the purchase orders is huge, the petitioner has availed domestic factoring facility extended by respondent-M/s Bibby Financial India Pvt. Ltd. Under this facility the respondent Company pays sale amount to the extent of 80% of the sale invoices raised by the petitioner company towards the goods supplied to M/s Liverpool Retail India Limited.

3. For clarification and proper understanding, it may be noticed that in the present transaction, the petitioner No.1 is the borrower, respondent is the ‘Factor’ and M/s Liverpool Retail India Limited are the purchasers.

4. The petitioners were granted domestic factoring facilities on 18.03.2011 by the respondent to the tune of Rs.2,00,00,000/- with the condition of maximum pre-payment of 80%. The petitioner gave t
























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