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Supreme Court of India

M/S. Apj Laboratories Pvt.Ltd vs Union Of India And Ors on 14 September, 2016

Equivalent citations: AIRONLINE 2016 SC 698

Bench: Rohinton Fali Nariman, Kurian Joseph

            
                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION


                      WRIT PETITION (C) NO. 595 OF 2016



      M/S. APJ LABORATORIES PVT.LTD.                    PETITIONER


                                VERSUS

     UNION OF INDIA AND ORS.                      RESPONDENTS



                            J U D G M E N T

KURIAN,J.

1. When this Writ Petition came up for admission on 29.07.2016, this court passed the following order:

“Issue notice.
In the meantime, there shall be stay of further proceedings for auction of the property taken from the petitioner on a condition that the petitioner shall deposit 75% of the dues as on 31.03.2016 in two instalments. The first instalment of 50% of the dues shall be remitted within six weeks from today and the balance 25% shall be remitted within another six weeks.
Post after six weeks, so as to see whether the first instalment is remitted or not.
It is made clear that in case the first instalment is not remitted within six weeks from today, as ordered, the writ petition shall stand dismissed without further reference to the Court.”

2. Today we are informed that the petitioner could not however, comply with the conditions in the above order. Therefore, in terms of the said order writ petition is dismissed.

- 2 -

3. However, we make it clear that dismissal of the writ petition shall not stand in the way of the petitioner, availing one time settlement, if available, with the bank.

...................J. [KURIAN JOSEPH] ....................J. [ROHINTON FALI NARIMAN] NEW DELHI;

SEPTEMBER 14, 2016