STATE BANK OF INDIA Vs. DEPRO FOODS LTD

JUDGEMENT

(1.) BRIEFLY, the facts are that the petitioner filed Suit No. 960 of 1979 (State Bank of India v. Depro Foods Ltd.) for the recovery of an amount of Rs. 70,26,642. 23 against the respondent-company in the High Court of Delhi on July 9, 1. 979. After the institution of the suit, this court ordered the respondent-company to be wound up in C. P. No. 234 of 1977, vide order dated August 21, 1980, and the official liquidator was appointed as its liquidator.

(2.) THE official liquidator filed an application (C. P. No. 240 of 1980) that Suit No. 960 of 1979 be transferred to this court for a decision. The petitioner moved another application (C. A. No. 154 of 1980) praying that it should be allowed to continue the suit in the Delhi High Court and in case the suit is transferred to this court, it should be allowed to prosecute the same. Both the applications came up before me and I accepted C. P. No. 240 of 1980 and transferred the case to this court, vide order dated September 3, 1981. I also partly allowed C. A. No. 154 of 1980 and allowed the petitioner to prosecute the suit. In view of the aforesaid orders, the suit was transferred to this court and was numbered as C. P. No. 69 of 1982.

(3.) ONE of the claims in that case (C. P. No. 69 of 1982) is in respect of the payment of seven instalments which had fallen due as guarantee amount, by the petitioner to M/s. Techno Export of Sofia (Bulgaria) from whom necessary plant and equipment were imported by respondent No. 1 for setting up a dehydration factory at Rai, District Sonepat.