Mr. Imtiyaz Mukadam v. Kokan Mercantile Co-operative Bank Ltd. & Ors.

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Appeal allowed in part, dismissal of cross-appeal, and remand of issue of interpretation of clause 9 of the agreement was held to be not arguable in light of settled law under the Covenant Law. Accordingly, the impugned order was set aside and the matter was remanded to the Debt Recovery Tribunal for fresh adjudication. The Federation of Andhra Pradesh Education was not found to be a body corporate under section 2(h) of the Act. The trial court erred in dismissing the application under section 186 of the Code of Civil Procedure, 1908. The High Court of Andhra Pradesh erred in holding that the plaintiff was not entitled to claim damages under Article 187 of the Constitution of India. The trial court erred in holding that the defendant was not liable for the default in payment of the loan am