Gujarat High Court
British Super Alloys(P) Ltd Thro ... vs Bank Of Baroda & on 31 March, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi, Mohinder Pal
C/LPA/1039/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1039 of 2013
In SPECIAL CIVIL APPLICATION NO. 1160 of 2013
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BRITISH SUPER ALLOYS(P) LTD THRO DIRECTOR....Appellant(s)
Versus
BANK OF BARODA & 1....Respondent(s)
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Appearance:
MR ASHOK YAGNIK, ADVOCATE for the Appellant(s) No. 1
MR ANKIT SHAH, ADVOCATE for the Respondent(s) No. 1 - 2
MR YN RAVANI, ADVOCATE for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 31/03/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
1. Heard learned advocate Mr.Ashok Yagnik for the appellant, who invited the attention of the Court to page 10, i.e. the document which contains clause "Prepayment Charges" which reads as under:
"In Term Loan Account prepayment premium @ 0.50 % p.a.will be charged on the term loan amount prepaid for the period of prepayment."
2. Learned advocate for the appellant then invited the Page 1 of 2 C/LPA/1039/2013 ORDER attention of the Court to page 26. It is a communication dated 07.06.2012 wherein it is set out various accounts, nature of facility viz. term loan, amount prepaid by the company, residue period of loan and the charges recovered.
3. This Court finds no error having been committed by the learned single Judge in passing judgment and order dated 04.04.2013 in SCA No.1160 of 2013. Appeal is accordingly dismissed.
4. On a request made by learned advocate Mr.Ashok Yagnik for the appellant, it is clarified that non-entertainment of this appeal will not prejudice the right of the appellant to move the Civil Court/D.R.T. for appropriate remedy available to it under the law.
(RAVI R.TRIPATHI, J.) (MOHINDER PAL, J.) (KMGThilake) Page 2 of 2