Supreme Court - Daily Orders
Canara Bank vs M/S. H.R.B. Enterprises . on 31 July, 2014
\230 ITEM NO.102 COURT NO.9 SECTION IV
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). 3199/2007
CANARA BANK Appellant(s)
VERSUS
M/S. H.R.B. ENTERPRISES & ORS. Respondent(s)
(WITH APPLN. (S) FOR AMENDMENT IN PLAINT)
Date : 31/07/2014 This appeal was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE RANJAN GOGOI
HON’BLE MR. JUSTICE S.A. BOBDE
For Appellant(s) Mr. Pradeep Dewan, Sr. Adv.
Mr. Pramod B. Agarwala, Adv.
Mr. Anupam Dhingra, Adv.
For Respondent(s) Mr. Anil Grover, Adv.
Ms. Noopur Singhal, Adv.
Ms. Shubhangi Tuli, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The appeal is dismissed in terms of the si gned order.
[VINOD LAKHINA] [SNEH LATA SHARMA] COURT MASTER COURT MASTER [SIGNED ORDER IS PLACED ON THE FILE] Signature Not Verified Digitally signed by Vinod Lakhina Date: 2014.08.02 10:35:45 IST Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3199 OF 2007 CANARA BANK ...APPELLANT VERSUS M/S. H.R.B. ENTERPRISES & ORS. ...RESPONDENTS ORDER Having gone through the order of the High Court, we do not find any error therein. The High Court had reversed the decree of specific performance on the ground that no relief was sought against the defendants 3 to 7 in the suit though they were admittedly in possession of the suit property.
In view of the above, the decree of specific performance ordered by the learned trial Court was rightly reversed by the High Court. The appeal consequently is without any merit and it is accordingly dismissed.
....................,J.
(RANJAN GOGOI) ....................,J.
(S.A. BOBDE) NEW DELHI JULY 31, 2014