Supreme Court - Daily Orders
M/S Mitexco A Partnership Firm . vs Canara Bank on 11 October, 2017
Bench: Ranjan Gogoi, Abhay Manohar Sapre, Navin Sinha
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ITEM NO.2 COURT NO.2 SECTION IX
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). 516-517/2015
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 06-08-2014
IN RP NO. 53/2014 AND DATED 16-04-2014 IN WP NO. 1300/2013 PASSED
BY THE HIGH COURT OF JUDICATURE AT BOMBAY)
M/S MITEXCO & ORS. PETITIONER(S)
VERSUS
CANARA BANK RESPONDENT(S)
Date : 11-10-2017 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
HON'BLE MR. JUSTICE NAVIN SINHA
For Petitioner(s) Ms. Manisha T. Karia, AOR
Mr./Ms. Saumya, Adv.
Ms. Nidhi Nagpal, Adv.
For Respondent(s) Mr. Rajesh Kumar, AOR
Mr. Rakesh Chaurasiya, Adv.
Mr. Gaurav Kumar Singh, Adv.
Mr. Bhumit Solanki, Adv.
Ms. Khushboo Aggarwal, Adv.
Mr. Aakash Sehrawat, Adv.
UPON hearing the counsel the Court made the following
O R D E R
We have heard the learned counsels for the parties.
In the present case, against a loan amount of Rs.60,00,000/- (Rupees Sixty lakh) made available by Signature Not Verified the respondent Bank to the petitioner(s) in the year Digitally signed by VINOD LAKHINA Date: 2017.10.11 1997, till date the respondent Bank has received a 17:14:26 IST Reason:
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total sum of Rs.1,28,69,756/-(Rupees One crore Twenty Eight lakh Sixty Nine thousand Seven hundred and Fifty Six). The aforesaid amounts were received by the respondent Bank in the year 2008-2009. If the year 2009 is to be taken into account for the purposes of computation of the outstanding dues of the respondent Bank the figure that has been worked out is Rs.2,16,04,718/- (Rupees Two crore Sixteen lakh Four thousand Seven hundred and Eighteen). This is approximately four times the loan amount.
Having considered the matter we are of the view that the ends of justice would be met if the petitioner(s) is required to pay the balance amount i.e. Rs.87,34,962/- (Rupees Eighty Seven Lakh Thirty Four thousand Nine hundred and Sixty Two] [Rs.2,16,04,718/- minus(-) Rs.1,28,69,756/-] within a period of six months from today, if required, by installments.
The Special Leave Petitions are disposed of in the above terms.
[VINOD LAKHINA] [ASHA SONI]
AR-cum-PS BRANCH OFFICER