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2019 Supreme(SC) 835

A.M.SAPRE, INDU MALHOTRA
Mahanagar Telephone Nigam Ltd. – Appellant
Versus
Canara Bank – Respondent


Advocates Appeared:
For the Petitioner(s):Manoj Gorkela, Sandeep Kumar Singh, Uma Prasuna Bachu, Richa Pandey, Ram Shrivastava, Shashi Kiran, Advocates
For the Respondent(s):Ameesh Dabas, Viresh B. Saharya, Akshat Agarwal, Lalit Kumar, Advocates

JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The present Special Leave Petitions have been filed to challenge Order dated 16.09.2011 passed in W.P. (C) No. 560 of 1995, Order dated 21.10.2011 passed in C.M. No. 12230 of 2011, Order dated 05.07.2013 passed in C.M. No. 8100 of 2012, and Order dated 10.01.2014 passed in C.M. No. 324 and 325 of 2014 by the Delhi High Court.

2. The background facts of the case are as follows :

2.1. In 1992, MTNL floated 17% Non-Cumulative Secured Redeemable Bonds described as the VI Series (Private Placement) worth Rs. 425 crores. On 10.02.1992, MTNL placed bonds worth Rs.200 crores with Can Bank Financial Services Ltd. (hereinafter referred to as “CANFINA”) under an MOU agreement. The bond amount of Rs. 200 cores was placed as fixed deposit by MTNL with CANFINA. CANFINA paid back Rs. 50 crores of the fixed deposit in 1992. The balance fixed deposit amount of Rs. 150 crores along with interest was not paid by CANFINA to MTNL. As a consequence, MTNL did not service the interest on bonds. MTNL was of the view that since it did not receive the entire bond amount of Rs. 200 crores, the entire deal did not go through. Against payment of Rs. 50 crores received f






















































































































































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