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MESSRS OVERSEAS BLUE STAR GHEE MILLS LIMITED THROUGH CHIEF EXECUTIVE/MANAGING DIRECTOR versus UNITED BANK LIMITED THROUGH PRINCIPAL OFFICERS/MANAGERS/GENERAL ATTORNEYS


Section 9 Civil Procedure Code (v. 1908), Sections 12 (2) and 73 (3), on behalf of the Bank on the basis of the Government's outstanding suit agreement keeping aside the distribution of the sanction of debt, the distributable distribution of assets. Customs officials between the parties ordered to put aside this order under section 12 (2) CPC that had earlier been recovered under section 73 (3) CPC. An application for the sale of assets was filed, which was disputed and the issue raised by the customs authorities was the result of a compromise between the parties. It was concluded that the approval of the loan, the execution of the documents and the existence of a valid mortgage in favor of the bank were not disputed, nor did the bank approach the High Court. It has the original banking jurisdiction to recover its original dues and the court ruled that the case according to the provisions of the law did not hide anything from the court to seek the order, nor did the parties resolve the matter in a happy manner. , Whereby the bank accepted the unanimous amount as a complete and final settlement of its claim, rather than recovering the total amount announced. The decree may be revoked under Section 12 (2-1, CPC) on the basis that it was obtained through fraud and misrepresentation, only on the basis that a third party also had a valid claim against the defendant. , Where it was proved that the decree taker had misinterpreted the facts or concealed the facts, or involved an element of fraud and misrepresentation. The court was a company not in the process of collusion but a serious concern. To sell to

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