false, frivolous and
baseless grounds. Vide order dated 10th October, 2017 unconditional leave
to defend was granted to the Appellant
later Civil Appeal 11111 - 11113 of 2017 while granting leave granted
interim relief as under:-
"Delay condoned.
Issue notice.
The interim relief sought ... till such time the interest bearing fixed deposit
and/or unconditional bank guarantee to
Company Appeals
Bank of Baroda vs. Indian Oil Corporation Ltd.'
[Special Leave to Appeal (Civil) No. 5148-5148 of 2020; dated
22.06.2020].
• As regarding fraud ... breach
and the Appellant Bank is bound to honour encashment of the
unconditional BGs and the decision of the first Respondent is binding
upon
unconditional
promise to pay the specific debt, or thirdly, that
there must be a conditional promise to pay the
debt and evidence that the condition ... event
of pendency of Proceedings before BIFR, Applicant is directed to obtain leave of
BIFR, before executing the Recovery Certificate'. It is submitted that
Federal
Bank Ltd. 2025 SCC Online SC 2046 which held that unconditional
withdrawal of the first petition under the same article would not be maintainable ... instance of a party who withdraws the petition without leave to challenge
the original order again. It was also contended that present
later Civil Appeal 11111 - 11113 of 2017 while granting leave granted
interim relief as under:-
"Delay condoned.
Issue notice.
The interim relief sought ... till such time the interest bearing fixed deposit
and/or unconditional bank guarantee to
Company Appeals
orders passed by
NCLT, NCLAT and Supreme Court of India. The Applicant
unconditionally accepted the Letter of Intent. Applicant is not
entitled for any compensation ... Adjudicating
Authority that Sale Certificate shall be issued only with the leave of the
Adjudicating Authority. It is submitted that the Appellant came to know
orders passed by
NCLT, NCLAT and Supreme Court of India. The Applicant
unconditionally accepted the Letter of Intent. Applicant is not
entitled for any compensation ... Adjudicating
Authority that Sale Certificate shall be issued only with the leave of the
Adjudicating Authority. It is submitted that the Appellant came to know
Appellant within 7 working days
from the date hereof, and unconditionally permitting the
Appellant to keep the Rs. 88,18,665/- (Rupees Eighty
Eight ... interest free Security
Deposit at the time of execution of the Leave and License
Agreement dated April 11,2014, thereby amounting to
an aggregate settlement
Bank Of Maharashtra vs Videocon Industries Limited & Ors on 5 January, 2022
NATIONAL COMPANY