RUPAM RAJIV MARDIA Vs. ICICI BANK LTD

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India with the following prayers :-

(2.) THE facts giving rise to the present petition are stated as under.

(3.) THE respondent No. 1 herein has filed O. A. No. 977/98 for recovery of outstanding dues against three defendants / guarantors before the Debts Recovery Tribunal, Mumbai, in July, 1999. The husband of the petitioner herein is defendant No. 3 in the above recovery proceedings and the petitioner is not a party in the above Original Application. The defendants are sued in the above O. A. in their personal and individual capacity as guarantors having guaranteed re-payment of sums due and payable to the plaintiffs-respondent No. 1 by the said company together with interest and other charges in respect of (a) foreign currency loan of US$ 11,744,378; (b) foreign currency loan of US$ 1,448,017; (c) foreign currency loan of US$ 6,121,983; and foreign currency loan of US$ 9,300,300.