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2022 Supreme(MP) 487

SUBODH ABHYANKAR
CANARA BANK – Appellant
Versus
BANK OF INDIA – Respondent


Advocates Appeared:
For Appellant : Veer Kumar Jain, Vaibhav Jain
For Respondent: Shishir Kumar Purohit, Manoj Kumar Agrawal

ORDER : – This petition has been filed by the petitioner-Canara Bank under Article 226/227 of the Constitution of India assailing order dated 10-4-2019 (Annexure P/19) passed by learned 25th Additional District Judge, Indore (MP) in execution proceedings as also award dated 19-8-2017 (Annexure P/10) passed by respondent No. 1-Bank of India through its Chief Manager, acting as an Arbitrator.

2. Considering the fact that the petition has essentially been filed against an order passed by the Civil Court in execution proceedings and an award by the Arbitrator, the present petition is being entertained under Article 227 of the Constitution of India only.

3. Brief facts giving rise to the present petition are that the petitioner is a Nationalized Bank in which another nationalized bank namely Syndicate Bank also got merged; the case of the petitioner is that Syndicate Bank had sanctioned a loan to respondent No. 2-M/s Kamal Cotspin Private Limited along with other banks who are also involved in the aforesaid sanctioning of the loan and thus there was a Consortium of Banks in which respondent No. 1-Bank of India was the Consortium Leader. According to the loan sanction letters (Annexure P

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