Supreme Court - Daily Orders
Kalpana Chakraborty vs M/S. Akshat Commercial Llp on 9 December, 2021
Bench: M.R. Shah, Sanjiv Khanna
1
ITEM NO.36 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
Civil Appeal No(s). 2524-2526/2016
KALPANA CHAKRABORTY & ORS. Appellant(s)
VERSUS
M/S. AKSHAT COMMERCIAL LLP & ORS. Respondent(s)
([TO BE TAKEN UP TOP OF THE BOARD]
IA No. 89992/2021 - APPROPRIATE ORDERS/DIRECTIONS)
WITH
SLP(C) No. 33645/2013 (XVI)
FOR RESTORATION ON IA 2/2016
FOR AMENDMENT IN CAUSE TITLE ON IA 89978/2021
IA No. 89978/2021 - AMENDMENT IN CAUSE TITLE
IA No. 2/2016 - RESTORATION)
Date : 09-12-2021 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MR. JUSTICE SANJIV KHANNA
For Appellant(s) Mr. Amit Sibal, Sr. Adv.
Mr. Snehal Kakrania, Adv.
Mr. Sanjeev Kumar, Adv.
For M/s. Khaitan & Co., AOR
For Respondent(s) Mr. Sunil Kumar Jain, AOR
Mr. Ashok Kumar Jain, Adv.
Mr. Pankaj Jain, Adv.
Mr. Amit Kasera, Adv.
Ms. Meenakshi Jain, Adv.
Mr. Bijoy Kumar Jain, AOR
UPON hearing the counsel the Court made the following
O R D E R
It is reported that the Auction Purchasers as well as the Original Borrowers have settled the dispute and have entered into the Terms of Settlement.
Signature Not VerifiedUnder the Terms of Settlement, it is Digitally signed by R Natarajan agreed that Plot Nos. 30 & 32, as described in the Sale Certificate Date: 2021.12.10 17:12:32 IST Reason:
dated 04.12.2007 issued by the Allahabad Bank (now Indian Bank), to be retained by the Auction Purchaser(s) i.e. Akshat Commercial LLP.2
It is also agreed that the Petitioners-Proforma Respondent No.5 to pay an amount of INR 6,16,43,946/- in respect of Plot No. 34 (dwelling house) to the Auction Purchaser(s) comprising the Principal Amount of INR 2,09,49,000/- and interest amount of INR 4,06,94,946/- and that the Plot No. 34 (dwelling house) be retained by the Original Borrower(s). It is also agreed between the parties that the Petitioners herein-proforma Respondent No.5 to further pay an amount of INR 3,62,48,398/- to the Auction Purchaser(s) (Konark Vyapaar LLP) which is the interest accrued on the Principal Amount of INR 1,86,60,000/- paid by the Auction Purchaser with respect to Plot Nos. 30 & 32. In other words, in terms of Clause Nos. 3 & 4, the Petitioner(s)-Proforma Respondent No.5 to pay to both the Auction Purchasers in all a total sum of Rs.9,75,00,000/-.
On the aforesaid payment being made, it is prayed for cancellation of the Sale Certificate with respect to Plot No. 34 (dwelling house). The Terms of Settlement is to be signed by the respective parties which shall be signed and placed before this Court on the next date of hearing. Thereafter, appropriate orders will be passed by this Court on the Original Title Deeds with respect to the aforesaid plots to be handed over to the respective parties which are lying with the Bank.
In the meantime, on the next date of hearing, the respondent- Bank to come with the Demand Draft of Rs.9,00,00,000/- plus accrued interest thereon in favour of the Auction Purchasers so that the said amount can be appropriated towards the amount to be payable to the Original Borrowers.
Put up on 15.12.2021.
(R. NATARAJAN) (RAM SUBHAG SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER