Supreme Court of India
K. Sltaram & Anr. v. Cfl Capital Financial Service Ltd. & Anr.
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What the Court ordered
In view of the above discussion, the appeal succeeds and is allowed.
Judgment, page 14
From the headnote
Penal Code, 1860 - ss. 409, 418, 423 and 425 r/w s.120- - Complaint under - Quashing of - Complainant-respondent Company borrowed a sum of Rs. 900 lakhs from consortium of Banks led by State Bank of Travancore (SBT) - Non-payment of loan by respondent - Recovery proceedings by SBT before DRT, partially decreed - However, SBT assigned the debt due from respondent to Kotak Mahindra Bank through an Assignment Deed - The factum of said assignment deed not intimated to the respondent-Company either by SBT or Kotak - Unaware of such assignment deed in favour of Kotak, respondent inter alia assigned
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