ALOK ARADHE
R. K. Timber – Appellant
Versus
ICICI Bank Ltd. – Respondent
Alok Aradhe, J.
1. Heard on I.A. No. 2032/2011, an application for dismissal of the writ petition.
2. Facts leading to filing of the writ petition, briefly stated, are that the respondent-Bank had sanctioned an over draft facility of Rs. 1,94,90,000/- vide letter dated 21-9-2005. The respondent-Bank thereafter obtained an application for renewal of sanction on 2-2-2007 and required the petitioners to execute various documents including 12 crossed blank post dated cheques of United Bank of India towards payment of interest and 4 undated blank cheques of the same Bank. It is a case of the petitioners that instead of renewing the sanction, the Bank sent a notice through its lawyer on 11-8-2007 and threatened the petitioners that he may be prosecuted for an offence under section 420 of the Indian Penal Code as well as action under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 2002 Act') may be taken against them. It is averred in the writ petition that Bank forged a blank undated cheque to show that it was issued on 1-1-2008 for a sum of Rs. 2,26,05,018/- and presented the same f
1. Federal Bank Ltd. v. Sager Thomas and Ors. (2003) 10 SCC 733;
2. Binny Ltd. and Anr. v. V. Sadasivan and Ors. (2005) 6 SCC 657;
6. Tamil Nadu Electricity Board v. Sumathi and Ors. AIR 2000 SC 1603;
8. Zee Tele Films Ltd. and Anr. v. Union of India and Ors. AIR 2005 SC 2677;
9. Binny Ltd. and Anr. s. Sadasivan and Ors. AIR 2005 SC 3202;
10. United Bank of India v. Satyawati Tondon and Ors. (2010) 8 SCC 110;
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