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VERSUS
WITH
J U D G M E N T
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Leave granted.
by SIDBI.
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M/s. SIBCO from the said Shankar Lal Saraf. The Bonds
accrued on them.
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name was put down upon the said Bonds and the holder
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the RBI.
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1(2010) 10 SCC 1.
2(1992)2 SCC 343.
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companies.
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taken therefrom.
two grounds: -
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payment.
this issue for almost 8 months, and for the first time
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institution would;
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wrongfully withheld;
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res judicata;
justified;
contends that:
was issued;
payment, on apprehension of
Official Liquidator;
arise;
‘DIRECTIVE’:
The RBI Act, 1934 and The Banking Regulation Act, 1949.
As per the RBI Act, 1934, we find that the RBI has wide
8.1 Through Chapter IIIB of The RBI Act, 1934, the RBI
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5 Bihar Public Service Commission vs. Saiyed Hussain Abbas Rizwi and Anr.; (2012) 13 SCC
61.
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that:
6 Supra at 4.
7 (1992)2 SCC 343.
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from the provisions of both the RBI Act, 1934 and the
8 ibid.
9 AIR 1961 SC 751.
10 AIR 1984 AP 75.
11 Supra at 4.
12 Supra at 2.
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companies:
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institution.
on this cause.
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any further.
following words:-
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9.6 The cloud over the issue was cleared by the Company
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flow therefrom.
Court.
COURSE”:
but these are not the situations in the case before us.
our view shows that the defendant acted bona fide and
dues.
ACQUIESCENCE?:-
any protest.
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JUDICATA ?:
Judicata.
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…………………………………………J.
[R. SUBHASH REDDY]
…………………………………………J.
[HRISHIKESH ROY]
NEW DELHI
JANUARY 03, 2022
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