SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Tri) 306

S.C.DAS
In the death of Kiran Sankar Modak, his heirs - Smt. Sikha Rani Modak – Appellant
Versus
Tripura Industrial Development Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.M. Chakraborty and Ms. P. Sen.
For the Respondents: Mr. S. Deb and Mr. P. Dutta.

JUDGMENT AND ORDER :

1. Heard learned Sr. counsel, Mr. S.M. Chakraborty assisted by learned counsel, Ms. P. Sen for the petitioners and learned Sr. counsel, Mr. S. Deb assisted by learned counsel, Mr. P. Dutta for the respondents.

2. Kiran Sankar Modak, since deceased, (herein-after mentioned as borrower), the predecessor of the present petitioners, took a loan of total Rs. 19,55,000/- in the year 1990-91 for setting up/running a hotel business namely “Hotel Kakoli” at Post-office Chowmohani, Agartala, from the Tripura Industrial Development Corporation Limited (for short, TIDCL) and the loan was sanctioned under certain specific terms and conditions of repayment by installments with interest. Loan agreements were also signed between the borrower and TIDCL (Annexure-P/1, P/2 and P/3 to the writ petition) and further the borrower hypothecated the hotel building with assets to the TIDCL. An equitable mortgage was also created by the borrower by depositing the title Deed of the land of “hotel Kakoli” which is admittedly a very valuable land. The borrower failed to make payment in terms of the agreements and only an amount of Rs. 4,33,000/- was paid by the borrower to the TIDCL. There is



























































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top