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State Bank Of India Represented By Its ... vs M/S Venshiv Pharma Chem (P) Ltd. Rep. By ... on 21 April, 2023

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

                                                            1



                                            IN THE SUPREME COURT OF INDIA

                                              CIVIL APPELLATE JURISDICTION

                                               Civil Appeal No 3020 of 2019


     State Bank of India represented by its Chief Manager                              … Appellant

                                                         Versus

     M/s Venshiv Pharma Chem (P) Ltd Rep by
     its Managing Director K Samba Siva Reddy & Ors                                    … Respondents




                                                        ORDER

1 The High Court, by its impugned order dated 6 April 2018, set aside the auction sale and sale certificate.

2 While issuing notice on 22 August 2018, this Court stayed the operation of the judgment of the High Court.

3 During the pendency of these proceedings, a settlement has been arrived at between the first, second and fourth respondents. The third respondent has no objection to the settlement.

4 The settlement envisages that the auction which was held in favour of the third and fourth respondents the sale certificate dated 13 July 2017 shall stand confirmed.

5 Signature Not Verified Since the settlement which has been arrived at, as noted above, envisages the Digitally signed by NEETA SAPRA Date: 2023.04.26

13:03:38 IST confirmation of the sale and the registered sale certificate, the State Bank of Reason:  2 CA No 3020/2019 India which is the petitioner under Article 136 of the Constitution of India has no objection to the aforesaid course of action.

6 As a consequence, we set aside the impugned judgment and order of the High Court dated 6 April 2018 leaving the question of law open to be decided in an appropriate case.

7 As a consequence, both the auction sale and the sale certificate dated 13 July 2017 shall stand confirmed.

8 The appeal is accordingly disposed of.

9 Pending applications, if any, stand disposed of.

…...…...….......………………....…CJI.

[Dr Dhananjaya Y Chandrachud] …...…...….......………………....…..J. [Pamidighantam Sri Narasimha] New Delhi;

April 21, 2023
GKA
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CA No 3020/2019




ITEM NO.4                      COURT NO.1                       SECTION XII-A

                    S U P R E M E C O U R T O F              I N D I A
                            RECORD OF PROCEEDINGS

                        Civil Appeal      No(s).     3020/2019

STATE BANK OF INDIA REPRESENTED BY ITS CHIEF MANAGER                  Appellant(s)

                                          VERSUS

M/S VENSHIV PHARMA CHEM (P) LTD. REP. BY ITS MANAGING DIRECTOR K. SAMBA SIVA REDDY & ORS. Respondent(s) (IA No. 48254/2023 - APPROPRIATE ORDERS/DIRECTIONS IA No.20879/2023 – CLARIFICATION/DIRECTION IA No. 145145/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-04-2023 These matters were called on for hearing today.

CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Appellant(s) Mr. Buddy.A.Ranganadhan, Adv.

Ms. Nandini Tomar, Adv.

Mr. A. V. Rangam, AOR For Respondent(s) Mr. Byrapaneni Suyodhan, Adv.

Mr. Kumar Shashank, Adv.

Ms. Tatini Basu, AOR Mr. Amit Agrawal, AOR Ms. Radhika Yadav, Adv.

Mr. Kotla Harshavardhan, Adv.

Mr. Raghav Kohli, Adv.

Mr. Yadav Narender Singh, AOR UPON hearing the counsel the Court made the following O R D E R 1 Appeal is disposed of in terms of the signed order.

 4 CA No 3020/2019

2 Pending applications, if any, stand disposed of.

    (GULSHAN KUMAR ARORA)                                 (SAROJ KUMARI GAUR)
          AR-CUM-PS                                       ASSISTANT REGISTRAR