Supreme Court - Daily Orders
M/S Esjaypee Impex Private Limited vs The Asst. General Manager And ... on 18 August, 2020
Bench: Sanjay Kishan Kaul, Ajay Rastogi, Aniruddha Bose
ITEM NO.29 Court 7 (Video Conferencing) SECTION XII
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). 24164/2019
(Arising out of impugned final judgment and order dated 16-09-2019
in WP No. 23573/2019 passed by the High Court Of Judicature At
Madras)
M/S ESJAYPEE IMPEX PRIVATE LIMITED Petitioner(s)
VERSUS
THE ASST. GENERAL MANAGER AND AUTHORIZED OFFICER
CANARA BANK Respondent(s)
([ ONLY SLP(C)NO. 29752-29754/2019 AND SLP(C)NO.29756-29759/2019
ARE TO BE LISTED ] )
WITH
SLP(C) No. 29752-29754/2019 and SLP(C) No. 29756-29759/2019
Date : 18-08-2020 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
For Petitioner(s) Mr. Maninder Singh, Sr. Adv.
SLP 24164,29752/2019 Mr. Prabhas, Adv.
Ms. Shalini Kaul, AOR
SLP 29756/2019 Mr. Mukul Rohatgi, Sr. Adv.
Mr. Durai, Adv.
Ms. Shalini Kaul, AOR
For Respondent(s) Mr. S. Nagamuthu, Sr. Adv.
Mr. P. Krishnan, Adv.
Mr. M. A. Chinnasamy, AOR
Ms. C. Rubavathi, Adv.
Mr. M.L.Ganesh,Adv.
Mr. K. V. Vijayakumar, AOR
Signature Not Verified
Digitally signed by
ASHA SUNDRIYAL
Date: 2020.08.18
19:36:38 IST
Reason:
1
UPON hearing the counsel the Court made the following
O R D E R
We have heard learned counsels for the parties to some extent. To say the least, it was an unusual order passed by the High Court taking into consideration the nature of relief prayed for! Be that as it may, Mr. S. Nagamuthu, learned senior counsel appearing for the auction purchaser submits that there is no difficulty in his still confining his prayer even before this Court for the refund of the amount forfeited and since the further balance amount has been deposited in pursuance to the directions of this Court, that amount to be refunded to him in which case with the latter amount be granted with some interest at the discretion of this Court and in that eventuality he would have no interest in the property.
Insofar as the Bank is concerned, we feel it really has nothing to say because we are not asking the bank to shell out any money and, if at all, they will gain some amount.
As far as the husband and wife team of borrower and guarantor are concerned, Mr. Maninder Singh and Mr. Mukul Rohatgi, learned senior counsels seek some time to obtain instructions whether the aforesaid amount can be deposited by them so that the Bank gets the same amount or something more than what they have and auction purchaser gets refund of the amount as set out hereinabove. 2 Learned senior counsels for the petitioners seek some time to obtain instructions.
List on 11th September, 2020 for further instructions.
(ANITA MALHOTRA) (ANITA RANI AHUJA)
COURT MASTER ASSISTANT REGISTRAR
3