The current application seeking revival of a petition is disposed of after the respondents assure payment of DRT-directed sums. The Court grants liberty to seek revival if the DRT order is breached.
Application disposed of with liberty to seek revival of the petition if the DRT order is breached.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data i s as p er the physical file and no page is missing.
With the aforesaid liberty, present petition and pending
applications stand disposed of.
\--1. MANMOHAN,J
AUGUST 01, 2011 JS
2/3y11 HI /(etjVA.(
C.
CO.PET 42512010
page 2 o/2.
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#15 \l
MIS KOT AK MAHINDRA BANK LIMITED
..... Petitioner Through Ms. Pratit Rungta with Ms. Neha Tanwar, Advocates
versus
MIS SIGMA REFRIGERATION PVT LTD & ANR
..... Respondents Through Mr. Rajesh Yadav with Ms. Ruchira, Advocates.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O/o
ORDER 07.02.2012
CO. APPL. 2134/2011
Mr. Rajesh Yadav, learned counsel for the respondents states
that after the present application for revival had been filed, the Debts
Recovery Tribunal-II, Delhi (for short 'DRT') on lih January, 2012
has passed the following order:-
"Having heard the contentions of the ld. counsels for the parties, the bank is directed to file its reply in detail giving the affidavit about the penal interest and whichever it has been capitalized and also about foreclosure charges as clause within four weeks with advance copy to the ld. Counsel
CO PET 42512010
Page I o/2
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for the applicant. However, in the meantime bank shall not take possession of the property if the applicant makes payment of Rs.38,57,2491- defaulted EM! amounts in three equal installments, first installment is to be paid by the end of January, 2012, second installment is to be paid by the end of the February, 2012 and third installment is to be paid by the end of March, 2012 and file an affidavit-cum-undertaking today itself to this effect. However, it is made clear that in case the applicant fails to comply with any of conditions the respondent bank shall be at liberty to proceed further in accordance with law. "
Since the first installment has been paid in accordance with the
L...
DRT's order and the learned counsel for the respondents assures this
Court that balance payment as directed by the DR T shall also be paid, present application is disposed of with liberty to applicant-petitioner to seek revival of the petition in case the aforesaid order passed by the
DRT is breached.
FEBRUARY 07, 2012
m
CO.PET 42512010
Page 2 o/2
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1 provisions across 1 enactments
Banking Corporation of Pakistan Limited
M/S Sigma Refrigeration Pvt Ltd & Anr
Manmohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
