respondents relied upon a decision of this Court in
Divya Manufacturing Company (P) Ltd. etc. vs.
15
Union Bank of India ... same could be
set aside.
29. Thus, the ratio in Divya Manufacturing
Company (P) Ltd. (supra) was that if there is fraud
then even after
judgment of the Apex Court in the
case of - Divya Manufacturing Co. (P) Ltd. Tirupati Wollen Mills
Shramik Sangharsha Samity & Anr. Vs. Union Bank
reported at (2000) 6 SCC 69 (para 16 at page 79)
Divya Manufacturing Company Ltd. v. Union Bank of India;
( 1999) 4 SCC 383 Allahabad ... placed reliance
on the pronouncement in (2000) 6 SCC 69 Divya
Manufacturing Co. Pvt. Ltd.v. Union Bank of India in support
of the proposition
Valji Khimji Vs. Official Liquidator; ( 2000) 6
SCC 69, Divya Manufacturing Vs. Union Bank of India ;
( 2005) 5 SCC 274, Union Bank of India ... distinguishable for the above said reasons.
29. In the case of Divya Manufacturing (supra), the
facts are that from Rs.73 lakhs, the offer
Valji Khimji Vs. Official Liquidator; ( 2000) 6
SCC 69, Divya Manufacturing Vs. Union Bank of India ;
( 2005) 5 SCC 274, Union Bank of India ... distinguishable for the above said reasons.
29. In the case of Divya Manufacturing (supra), the
facts are that from Rs.73 lakhs, the offer
Sons v. Sri Ramanya
Das & Others , (1969) 3 SCC 537, Divya Manufacturing Company
(P) Ltd. v. Union Bank of India & Others ... Madras High Court in Roshan & Co’s case).”
37. Divya Manufacturing Company (P) Ltd. v. Union Bank of
India & Others
Buildcon has argued that the Supreme Court in the case of Divya Manufacturing Co. (P.) Ltd. v. Union Bank of India has reviewed the whole ... placed reliance on the observations made by the Supreme Court in Divya Manufacturing Co. . Learned counsel has also referred to two judgments of the Allahabad
executed till date. Counsel for the petitioner also places reliance on ? Divya Manufacturing Company (Pvt.) Ltd. v. Union Bank of India and Ors. ? reported ... Supreme Court has laid down this principle in the case of Divya Manufacturing Co. (P) Ltd. and Anr. v. Union Bank of India
upon a decision of the Supreme Court in the case of Divya
Manufacturing C. (P) Ltd. and another Vs. Union Bank of India and others ... Purchaser, have unanimously submitted
that the decision in the case of Divya Manufacturing (Supra) cannot be
applied in the present scenario because there
upon a decision of the Supreme Court in the case of Divya
Manufacturing C. (P) Ltd. and another Vs. Union Bank of India and others ... Purchaser, have unanimously submitted
that the decision in the case of Divya Manufacturing (Supra) cannot be
applied in the present scenario because there
