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Charminar Cooperative Urban Bank Limited Versus Mohan Reddy

2003 (8) TMI 551 - SUPREME COURT OF INDIA

C. A. No. 6540, 6541, 6542, 6543, 6544 of 2003 - Dated:- 14-8-2003 - Ruma Pal And P.Venkatarama Reddi JJ. JUDGEMENT- Pal Ruma, ( 1. ) Leave granted. ( 2. ) The subject - matter of these appeals is a common judgment passed by the Division Bench of the .....

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ndents as parties to the claim cases of the appellant. The appellant carries on the banking business. Claiming that Respondents 2 and 3 were members of the appellant, the claim was filed by it against Respondent 1, a firm and Respondents 2 and 3 on t .....

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antially, similar facts formed the basis of the other four claims made by the appellant Bank against the respondent named therein. ( 3. ) The five applications were filed on 17-9-1999. Applications were made for impleading the present respondents in .....

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e Judge. The learned Single Judge dismissed the writ petition. The respondents preferred five separate appeals, which, as we have already noted, were disposed of by the impugned judgment. ( 4. ) The only ground on which the High Court has allowed the .....

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has contended before us that the issue of limitation had not been raised at any stage of the proceedings either before the Registrar or before the learned Single Judge or in any of the memoranda of writ appeals. It is stated that had the issues been .....

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d that the High Court should not have entertained the writ petition at all in view of the alternative remedy available. ( 5. ) The learned counsel appearing for the respondents has submitted that the Division Bench was justified in concluding that th .....

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clear that even according to the appellant itself, the claimant's cause of action arose on 1-6-1997. Therefore, it is submitted that the Division Bench did not err in entertaining the plea of limitation even though it had not been raised at any s .....

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