Supreme Court - Daily Orders
M/S Kedar Nath Ramesh Chandra Rice Mill ... vs Small Ind. Dev. Bank Of India (Sidbi) on 21 July, 2014
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ITEM NO.27 COURT NO.7 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 16760/2014
(Arising out of impugned final judgment and order dated
05/03/2014 in WP No. 1583/2013 passed by the High Court Of
Allahabad, Bench At Lucknow)
M/S KEDAR NATH RAMESH CHANDRA RICE MILL
THR. PRO. SUMAN AGARWAL Petitioner(s)
VERSUS
SMALL IND. DEV. BANK OF INDIA (SIDBI) AND ANR Respondent(s)
(with appln. (s) for exemption from filing c/c of the impugned
judgment and exemption from filing o.t. and prayer for interim
relief)
Date : 21/07/2014 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON’BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s) Mr. Yatish Mohan, Adv.
for Mr. Kedar Nath Tripathy,AOR(NP)
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsel for the petitioner has invited our attention to Clause 5 of the Scheme, under which the loan was advanced to the petitioner. The same is available on the record of this case at page 25. Learned counsel for the petitioner has also Signature Not Verified invited our attention to the impugned order dated Digitally signed by 20.07.2012 (Annexure P-5) clearly depicting that the land, on Parveen Kumar Chawla Date: 2014.07.22 15:00:15 IST Reason:
which the proposed building of the factory is to be set up, has been mortgaged by the husband of the proprietor of the 2 petitioner firm to the respondent bank. Keeping in mind the security depicted under the Scheme, extracted hereinabove, it is submitted that no further security could be sought against the loan, from the petitioner’s firm.
Issue notice.
(Parveen Kr. Chawla) (Phoolan Wati Arora) Court Master Assistant Registrar