Parthasarathy vs National Collateral Management ... on 12 December, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
1. COMSS 28-09.doc
IN THE HIGH COURT ... SUMMARY SUIT NO. 28 OF 2009
R. Parthasarathy ...Plaintiff
V/s.
National Collateral Management Services Ltd. ...Defendant
Mr. T. N. Tripathi
Parthasarathy vs National Collateral Management ... on 18 October, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
1-COMSS-28-2009.doc
IN THE HIGH COURT ... SUMMARY SUIT NO.28 OF 2009
R. PARTHASARATHY )...PLAINTIFF
V/s.
NATIONAL COLLATERAL MANAGEMENT )
SERVICES LIMITED )...DEFENDANT
Mr.Rohan Cama i/by T.N.Tripathi
Parthasarathy vs National Collateral Management ... on 31 October, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
1. COMSS 28-09.doc
IN THE HIGH COURT ... SUMMARY SUIT NO. 28 OF 2009
R. PARTHASARATHY )...PLAINTIFF
V/s.
NATIONAL COLLATERAL
MANAGEMENT SERVICES LTD. )...DEFENDANT
Mr. Rohaan Cama i/b T. N. Tripathi
Parthasarathy vs National Collateral Management ... on 25 September, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
25-COMSS-28-2009.doc
IN THE HIGH COURT ... SUMMARY SUIT NO.28 OF 2009
R. PARTHASARATHY )...PLAINTIFF
V/s.
NATIONAL COLLATERAL MANAGEMENT )
SERVICES LTD. )...DEFENDANT
Mr.Rohan Cama i/by T.N.Tripathi
provisions of the Pledge
Deeds and retained the suit shares as collateral security in terms of
Section 176 of the Indian Contract Act, 1872. Notices ... allegation made was
that the loan was routed through the Borrowers for collateral
purposes and to circumvent extant RBI regulations. In September
2020, Price Waterhouse
stated that the land owned by the First Informant was mortgaged as
collateral security to procure the loan. It is stated that said Sunil Gupta ... objection to Sunil Gupta to
mortgage the said property at Murbad towards collateral security to
procure the loan of Rs.2.5 crores
fabrication of documents, dishonestly
suppressing the material information, offering immovable property
as collateral security by over valuation for availing credit facility
and also mis-utilization ... Petitioner
was the guarantor and the properties which were furnished as
collateral security and the documents relating to those properties
were not fabricated. The Petitioner
from paragraph 11. The Petitioner was appointed by IDBI as the
collateral manager for managing goods in these warehouses.
8. In September 2019, the Petitioner ... goods
deteriorated further in value. It also clarified that as a collateral
manager, it could not be held responsible for any deterioration in the
quality
against probity and good conduct or was mala fide or for a
collateral purpose or was burdensome, harsh or wrongful. The only other
basis ... wrong.
(b) Where the conduct is mala fide and is for a collateral purpose where
although the ultimate objective may be in the interest
Crores to
accused No. 6. The said loan was given without adequate collateral,
though DHFL had not redeemed the amount of Rs.3700 Crores
invested ... applicant, with criminal intent was to enjoy loan facility
without providing proper collateral. The said money
being proceeds of crime was laundered by the applicant