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SUPREME COURT
*P. Sathasivam, Anil R. Dave, JJ.
Bank – Appellant
Versus
M/s Devi Ispat Ltd. – Respondent
| Table of Content |
|---|
| 1. background facts on the financial relationship (Para 2 , 3) |
| 2. competing arguments for appeal (Para 4 , 5) |
| 3. court's assessment of the parties' claims (Para 6 , 7) |
| 4. entitlement of respondent to return of title deeds (Para 8) |
| 5. writ jurisdiction applicability in contractual matters (Para 9 , 10 , 11 , 12) |
| 6. constitutional equilibrium in contractual disputes (Para 13 , 14 , 15 , 16) |
1. Leave granted.
2. This appeal arising out of SLP (C) No. 11505 of 2010 is directed against the final judgment and order dated 05.04.2010 passed by the High Court at Calcutta in GA No. 2441 of 2009 whereby the High Court dismissed the appeal filed by the appellant - Bank herein against the order of the learned single Judge dated 24.08.2009 in WP No. 485 of 2009 directing the appellant - Bank to return forthwith the title deeds deposited by M/s Devi Ispat Ltd., the Respondent - Company herein.
3. Brief facts:
a) Respondent No. 1 is a Company incorporated under the name and style of M/s Devi Ispat Ltd. The Respondent - Company carries on the business of manufacturing and trading in ingots and various other types of steel and for the said purpose requires financial support from the financi
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