M/S EASTERN SILK INDUSTRIES LIMITED v. STATE BANK OF INDIA
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Judgment
M/S EASTERN SILK INDUSTRIES LIMITED NO.411, TELNGARAHALLI ROAD ANEKAL TALUK-562 106 BENGALURU URBAN DISTRICT REP. BY ITS GENERAL MANAGER - DYEING PRATEEK CHHAWCHHARIA S/O SRI.SANJEEV CHHAWCHHARIA AGED ABOUT 28 YEARS (BY SRI.SWAMY.M.M., ADVOCATE) AND:
STATE BANK OF INDIA NO.1, BLOCK B SAMRIDDHI BHAVA KOLKATA - 700 001 REP. BY ITS DEPUTY MANAGING DIRECTOR
DEPUTY GENERAL MANAGER STRESSED ASSET MANAGEMENT BRANCH STATE BANK OF INDIA NAGALAND HOUSE, 8TH FLOOR SHAKESPEARE SARANI KOLKATA - 700 071 WEST BENGAL
ASRCE (INDIA) LTD. SOLITAIRE CORPORATE PARK, BUILDING NO.2, UNIT NO.201-202A AND 200-2002B GROUND FLOOR ANDHERI GHATKOPAR LINK ROAD CHAKALA, ANDHERI (E) RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:23372 WP No. 2724 of 2020 HC-KAR MUMBAI-400 093 REP. BY ITS MANAGING DIRECTOR AND CEO (BY SMT.G.K.BHAVANA., ADVOCATE FOR R1 & 2; SRI.VIGNESH SHETTY., ADVOCATE FOR R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 AND 2 TO EITHER REFUND A SUM OF RS.2,33,11,241/- ALONG WITH INTEREST AT THE RATE OF 15% PER ANNUM FROM 10.01.2017 TO THE PETITIONER OR TRANSFER THE SAID AMOUNT TO R-3 FORTHWITH BY CONSIDERING THE REPRESENTATIONS 01.06.2017, 12.07.2017 AND 22.11.2017 VIDE ANNEXURE-D, E AND F. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs; a. Issue a writ or order or direction, in the nature of mandamus to direct the respondents No.1 and 2 to either refund a sum of Rs.2,33,11,241/- along with interest at the rate of 15% per annum 10.01.2017 to the petitioner or transfer the said amount to respondent No.3 forthwith by considering the representations 01.06.2017, 12.07.2017 and 22.11.2017 vide Annexure-D, E and F; b. Further be pleased to grant any other relief or reliefs circumstances of the case along with the costs of this petition, in the interest of justice and equity. this Hon’ble may deems fit under
2. During the pendency of the above proceedings, proceedings were taken up under Section 7 of the - 3 - NC: 2025:KHC:23372 WP No. 2724 of 2020 HC-KAR Insolvency and Bankruptcy Code, 2016 before the National Company Law Tribunal, Kolkata Bench, Kolkata. Wherein the petitioner-company has been ordered to be wound up.
3. In that view of the matter, the present petition would not survive for consideration, the petition dismissed as having become infructuous. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 21
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.