Supreme Court - Daily Orders
Bhagat Singh Satyapal vs Chairman, Nainital Almora Kgb on 15 December, 2015
Bench: Kurian Joseph, Arun Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14621 OF 2015
[@ SPECIAL LEAVE PETITION (C) NO. 8299 of 2014]
BHAGAT SINGH SATYAPAL Appellant(s)
VERSUS
CHAIRMAN, NAINITAL ALMORA KGB AND ORS Respondent(s)
O R D E R
Leave granted.
The appellant approached this Court stating grievance regarding action taken by the respondent-Bank under the SARFAESI Act. According to the appellant, since the liability has already been fixed by the Civil Court in Civil Suit No. 37 of 2005 vide decree dated 27.03.2009, the Bank should not initiate SARFAESI proceedings.
When the matter came up for hearing today, the learned counel for the appellant, on instructions, submitted that he is not pressing the question of law raised in the appeal and that he is prepared to honour the decree.
The decree dated 27.03.2009 reads as under :-
"Plaintiff's suit is decreed against defendants. Defendants are liable to Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2015.12.16 pay loan amount independently and 14:13:33 IST Reason: separately. Defendant No. 1 shall pay loan amount of Rs. 6,06,585/- with 2 interest @9.5% per annum with effect from 25.07.2005 up to date of repayment of loan within the period of 6 months, otherwise according to provisions of Order 34, plaintiff Bank shall be entitled for obtaining Final Decree. Preliminary Decree as per provisions of Order 34 Rule 2 CPC be prepared accordingly."
Since it is submitted that the appellant is prepared to honour the decree, we direct that in case the appellant pays the entire amount as per the decree, the proceedings under the SARFAESI Act shall be dropped and the dispute shall be given quietus.
In view of the above, the appeal is disposed of as allowed to the above extent with no order as to costs.
.......................J. [ KURIAN JOSEPH ] .......................J. [ ARUN MISHRA ] New Delhi;
December 15, 2015.
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ITEM NO.10 COURT NO.12 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8299/2014
(Arising out of impugned final judgment and order dated 12/12/2013 in WP No. 661/2009 passed by the High Court Of Uttarakhand At Nainital) BHAGAT SINGH SATYAPAL Petitioner(s) VERSUS CHAIRMAN, NAINITAL ALMORA KGB AND ORS Respondent(s) (with interim relief and office report) (For Final Disposal) Date : 15/12/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ARUN MISHRA For Petitioner(s) Mr. Venkita Subramoniam T. R., Adv. For Respondent(s) Mr. Sanjay Kapur, Adv.
Mr. Rajiv Kapur, Adv.
UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of as allowed in terms of the signed order.
Pending interlocutory applications, if any, are disposed of.
(Jayant Kumar Arora) (Renu Diwan)
Sr. P.A. Court Master
(Signed order is placed on the file)