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Amarbhaw Power (P) Ltd. vs. Punjab National Bank Ltd. & Anr.

54.00 5.40

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Commercial Courts Act, 2015–Suit for recovery of amount of Rs. 5,52,000/- –Dismissal of–Stipulation in the agreement that pre-payment charges at the rate of 2% would be levied on the limit/outstanding amount, which ever was higher, in the event, the account was taken-over by another bank or financial institution–It cannot be said that the condition is contrary to the Code–Appellant re-paid the loan by obtaining finance from another bank, thereby resulting in take-over of the account of the respondent-bank–Clause provides for leavy of pre-payment or pre-closure charges formed an integral part of the contractual arrangement and could not be disregarded or altered by judicial or quasi judicial fora on consideration of equity or sympathy–Plea of charge of excessive amount is also liable to be rejected–Impugned order deserves to be confirmed.