Professional Documents
Culture Documents
WS For Guarantor
WS For Guarantor
WS For Guarantor
VERSUS
under.
definition.”
2. We also like to clarify that the we have not executed any Deed
ask for strict proof from the Claimant Bank failing which we
evidences consist of :-
borrower;
263) consist of :-
documents?
them?
And
letter/agreements;
workings;
21.04.048/2001-2002 dated 1 st
September, 2001.
agreed terms;
716) ;
followed by Bank;
(h) Compliance of various terms and conditions
and
that said deposed reply are not truth but only allegation. In
admitted in evidence.”
permissible.
Chapter.
application”.
claimant bank has not stated any reasons for selecting this
Hon. Tribunal for adjudication of debts rather than Debts
petition.
(e) FRAUD:-
7. Without prejudice to said facts, We say that the Claimant bank
same have been made in Petition and thus Claimant bank has
the case of Gulf Fishing & Co. V/s. Orissa State Finance
for recovery of the loan can take recourse to the powers u/s.
same under its own authority conferred u/s. 29 of the Act, the
which view also taken by Hon. Patna High Court in the case
‘must’, except in those cases where there are grounds for not
claimants.
read as under:-
(2)
………………………………………………………………………
…………………………………………………………………
months.
(4) If the award is not made within the period
period:
delay.
arbitral tribunal.”
cost.
(j) PARAWISE REPLY:-
alleged debts are all void ab initio as the vital and material
facts are not disclosed by the claimant bank and hence, there
(k) PRAYER:-
Claimant; and
c. Any other reliefs claims and cost as this Hon.
Place : Mumbai
the content of Para No. (1) to Para No. (12) are true to my
Place : Mumbai
VERSUS
WRITTEN STATEMENT OF
DEFENCES OF RESPONDENT NO. 2
TO RESPONDENT NO. 4.