ANIL KUMAR SOMANI Vs. BANK OF RAJASTHAN LTD

JUDGEMENT

(1.) ORIGINAL Defendants No. 2 to 6, hereinafter referred to as Defendants, have preferred this Appeal against the final order directing them to pay Rs. 12,61,977. 14 alongwith future interest at the rate of Rs. 16. 5% from 28. 1. 88 till realisation of the amount qua the Directors of Original Defendant No. 1 and in the capacity of indemnifiers to the loan advanced by the Applicant Bank from time to time to Defendant No. 1.

(2.) THE facts in brief are as below : the Defendant No. 1, Private Limited Company was running biscuits Factory at Jaipur. Pleading of the Applicant Bank is that the loan facilities were sanctioned from time to time to the company on the request of the Defendants and on their executing the Indemnity Bonds, pro-notes etc. during the period from 8. 12. 82 to 4. 10. 84.

(3.) AT the instance of one Omprakash Purohit the Company petition bearing No. 15/88 was filed in the High Court for winding up of Defendant No. 1 Company. The said petition was allowed and official liquidator was appointed as Liquidator of the Company by the orders dated 20. 10. 89. That is why the Learned Presiding Officer has not passed any orders against the Defendant No. 1 Company.