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Supreme Court - Daily Orders

Kalpana Chakraborty vs Akshat Commercial P.Ltd. on 9 May, 2016

Bench: Anil R. Dave, Adarsh Kumar Goel

     ITEM NO.6                               COURT NO.2                       SECTION XVI

                                    S U P R E M E C O U R T O F         I N D I A
                                            RECORD OF PROCEEDINGS

     I.A. 25-27/2016 in Civil Appeal                    No(s).    2524-2526/2016

     KALPANA CHAKRABORTY & ORS.                                                 Appellant(s)

                                                        VERSUS

     AKSHAT               COMMERCIAL P.LTD.& ORS.                               Respondent(s)

     (for modification of court's order dated 29.2.2016 and office
     report)
     (IA Nos. 28-30-appln. for directions)

     Date : 09/05/2016 These applications were called on for hearing
                       today.
     CORAM :
              HON'BLE MR. JUSTICE ANIL R. DAVE
              HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

     For Appellant(s)                    Mr. K.K.Venugopal,Sr.Adv.
                                         Mr. Snehal Kakrania,Adv.
                                         Mr. Prateek Kumar,Adv.for
                                         M/s. Khaitan & Co.,Adv.

     For Respondent(s)                   Mr.   Ranjit Kumar,S.G.
                                         Mr.   Pankaj Jain,Adv.
                                         Mr.   Ashok Jain,,Adv.
                                         Mr.   Bijoy Kumar Jain,Adv.

                                          Mr. Sunil Kumar Jain,Adv.

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

It is clarified that the amount which had been deposited by the auction purchaser with the Bank shall be permitted to be appropriated by the bank towards the dues of the bank. A sum of rupees forty five lakhs deposited by the principal borrower with the bank shall also be Signature Not Verified permitted to be appropriated by the bank. This order shall Digitally signed by Suman Wadhwa Date: 2016.05.10 16:39:25 IST Reason: be subject to the final order might be passed by this Court in the appeals.

Hearing expedited.

-2-

The documents pertaining to the title of the property shall be given to the bank by the auction purchaser within one month and copies of the said documents shall be supplied by the bank to the borrower.

If the auction amount (Rupees nine lakhs) is not withdrawn by the auction purchaser, it would be open to the bank to invest the same in a fixed deposit.

   (SUMAN WADHWA)                            (SNEH BALA MEHRA)
      AR-cum-PS                             ASSISTANT REGISTRAR