Supreme Court - Daily Orders
Fertilizer Corporation Of India Ltd. vs Indian Explosives Ltd. on 9 April, 2019
Bench: L. Nageswara Rao, M.R. Shah
1
ITEM NO.24 COURT NO.13 SECTION XVI
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).17188/2016
(Arising out of impugned final judgment and order dated 30-03-2016
in FA No. 417/2009 passed by the High Court At Calcutta)
FERTILIZER CORPORATION OF INDIA LTD. Petitioner(s)
VERSUS
INDIAN EXPLOSIVES LTD. & ANR. Respondent(s)
Date : 09-04-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE L. NAGESWARA RAO
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Mr. V.Giri,Sr.Adv.
Ms. Sweta Bharti,Adv.
Mr. J.K.Chaudhuri,Adv.
Ms. K.Mahendru,Adv.
Mr. Chirag Joshi,Adv.
Mr. Ghanshyam Joshi, AOR
For Respondent(s) Mr. Sanjay Hegde,Sr.Adv.
Mr. Shantanu Kumar, AOR
Mr. Narsingh Narain Rai,Adv.
Mr. Amit Sharma, AOR
Mr. Dipesh Sinha,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Respondent No.1 filed Title Suit No.34 of Signature Not Verified 2003 in the Court of the 4th Civil Judge, Alipore Digitally signed by BALA PARVATHI Date: 2019.04.10 14:07:31 IST Reason: for a decree to the tune of Rs.5,27,62,236/-. The principal amount, according to the plaintiff, which was to be paid by defendant No.1 to the petitioner 2 herein was Rs.4,20,41,622/- Calculating the interest @ 18% from December 2001 to April 2003, the respondent No.1 sought a decree for Rs.5,27,62,236/-. Written statement was filed by the petitioner in the Title Suit. Thereafter, the respondent No.1 filed an application under Order XII Rule 6 of CPC for decree on the basis of admission made in the written statement regarding the liability. The application was allowed by the Trial Court and the Order of the Trial Court was affirmed by the High Court. It is admitted that an amount of Rs.5,27,62,236/- was deposited by the petitioner herein on 25.1.2016 and respondent No.1 has withdrawn the said amount on 5.7.2016.
After hearing Mr.V.Giri, learned senior counsel appearing for the petitioner and Mr. Sanjay Hegde, learned senior counsel appearing for the respondent No.1, we suggested that the matter may be settled between the parties. We suggested that the respondent should be satisfied with the amount of Rs.5,27,62,236/- which was withdrawn by it and should not press for any further payment towards interest.
Mr. Giri, learned senior counsel submitted that he would not pursue the matter provided there is no further claim by the first respondent towards any interest to be paid on the amount which has already 3 been withdrawn by the first respondent. On instructions, Mr. Sanjay Hegde, learned counsel very fairly accepted the suggestion made by the Court that no further claim towards interest shall be made by the first respondent. In view of both the petitioner and the first respondent acceding to the suggestion made by this Court, we do not see any reason to pursue this case. Entire dispute shall stand closed and there will be no claim made by both the sides in respect of the subject matter of the suit. We also record that the decree stands satisfied.
The Special Leave Petition is accordingly disposed of. Pending application(s), if any, stand disposed of.
(B.Parvathi) (Kailash Chander) Court Master Assistant Registrar