FEDERAL BANK LTD Vs. WESTERN PAQUES INDIA LTD

JUDGEMENT

(1.) THIS Misc. Appeal is filed by the appellants/original applicants The Federal Bank Ltd., being aggrieved by the order dated 5.9.2002 passed by the learned Presiding Officer of Debts Recovery Tribunal-1, Mumbai on Exhibit No. 14 in Original Application No. 1415/2000. By the impugned order, the learned Presiding Officer allowed the application Exhibit No. 14 moved by the defendant Ho. 4/respondent No, 4 herein Sangamner Bhag Sahakari Sakhar Karkhana (for the sake of brevity hereinafter to be referred to as "Karkhana") for modification/varying order dated 4.5.1998 passed by the High Court in Notice of Motion No. 958/98 in Suit No. 961/98 directing defendant No, 4/Karkhana to pay Rs. 4 lacs per month to the applicants for a period of 25 months, effective from 1.8.2002.

(2.) Background of the case and facts giving rise to the application Exhibit No. 14 made by the defendant No. 4/respondent No. 4 herein are as follows :