Supreme Court - Daily Orders
Kalpana Chakraborty vs M/S. Akshat Commercial Llp on 15 December, 2021
Bench: M.R. Shah, Sanjiv Khanna
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.2524-2526/2016
KALPANA CHAKRABORTY & ORS. APPELLANTS
VERSUS
M/S. AKSHAT COMMERCIAL LLP & ORS. RESPONDENTS
ORDER
Learned counsel appearing on behalf of the original owners as well as the auction purchasers have placed on record the settlement entered into between the parties signed by both, the original owners as well as the auction purchasers.
Learned counsel appearing on behalf of the original owners as well as the auction purchasers to place on record one additional copy of the settlement signed on each page, to be filed in the present proceedings within a period of two days from today. The settlement signed by the auction purchasers and the original owners/borrowers signed on pages 7 and 8 is directed to be taken on record.
Under the settlement, it is agreed that plot nos.30 and 32 as described in the Sale Certificate dated 4.12.2007 issued by the Signature Not Verified Allahabad Bank (now Indian Bank) to be retained by the auction Digitally signed by R Natarajan purchaser – Konark Vyapaar LLP. It is also further agreed that the Date: 2021.12.23 15:58:46 IST Reason:
contd..-2-
appellants/proforma respondent no.5 shall pay an amount of Rs.6,16,43,946/- (Rupees Six Crores Sixteen Lakhs Forty Three Thousand Nine Hundred and Forty Six) in respect of plot no.34 (dwelling house of the appellants) to the auction purchaser – M/s. Akshat Commercial LLP comprising the principal amount of Rs.2,09,49,000/- (Rupees Two Crores Nine Lakhs Forty Nine Thousand) and the interest amount of Rs.4,06,94,946/- (Rupees Four Crores Six Lakhs Ninety Four Thousand Nine Hundred and Forty Six). It is also agreed that the appellants/proforma respondent no.5 shall further pay an amount of Rs.3,62,48,398/- (Rupees Three Crores Sixty Two Lakhs Forty Eight Thousand Three Hundred and Ninety Eight) to the auction purchaser – Konark Vyappar LLP which is the interest accrued on the principal amount of Rs.1,86,60,000/- (Rupees One Crore Eighty Six Lakhs Sixty Thousand) paid by the auction purchaser – Konark Vyapaar LLP with respect to plot nos. 30 and 32. It is agreed that the appellants/proforma respondent no.5 shall pay to the auction purchasers – M/s. Akshat Commercial LLP and Konark Vyapaar LLP, the total sum of Rs.9,75,00,000/- (Rupees Nine Crores Seventy Five Lakhs), as stated above.
The terms of settlement entered into between the auction purchasers and the original owners, the copy of which is given to the contd..
-3-learned counsel appearing on behalf of the Bank is directed to be taken on record. The respective parties are directed to act as per the terms of settlement entered into between the parties.
Learned counsel appearing on behalf of the Bank has handed over two demand drafts, one in favour of M/s. Akshat Commercial LLP and another in favour of Konark Vyapaar LLP each of Rs.5,52,47,041/- (Rupees Five Crores Fifty Two Lakhs Forty Seven Thousand and Forty One) to the learned counsel appearing on behalf of the auction purchasers. Learned counsel appearing on behalf of the auction purchasers confirms the receipt of the aforesaid two demand drafts. The zerox copies of the aforesaid two demand drafts are directed to be taken on record. Now, the auction purchasers shall retain Rs.9,75,00,000/-(Rupees Nine Crores Seventy Five Lakhs) and balance shall be paid to the original owners within a period of one week, as agreed between the parties.
In view of the above, now the Sale Certificate issued by the Bank with respect to plot no.34 (dwelling house of the appellants) which was issued in favour of the auction purchaser – M/s Akshat Commercial LLP shall stand set aside and the Sale Certificate issued in favour of the auction purchaser – Konark Vyapaar LLP with respect to plot nos.30 contd..
-4-and 32 stand confirmed. The Sale Certificates with respect to plot nos. 30 and 32 shall be registered in favour of auction purchaser – Konark Vyaaar LLP. The respondent Allahabad Bank (now Indian Bank) to hand over the necessary documents/title documents which are with the Bank with respect to plot nos.30 and 32 to the auction purchaser – Konark Vyapaar LLP and the documents with respect to plot no.34 to the original owners. It is reported that the Bank is having the mother document with respect to all the three aforesaid properties, which the Bank shall hand over to the original owners/borrowers. The aforesaid exercise shall be completed on or before 31.01.2022.
With the aforesaid observations and directions, the present appeals stand disposed of in terms of the settlement entered into between the parties which as directed hereinabove is directed to be taken on record.
…………………………………J. [M.R. SHAH] …………………………………J. [SANJIV KHANNA] NEW DELHI DECEMBER 15, 2021 ITEM NO.2 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 Nos. 2524-2526/2016 KALPANA CHAKRABORTY & ORS. Appellant(s) VERSUS M/S. AKSHAT COMMERCIAL LLP & ORS. Respondent(s) (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 : 15-12-2021 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. Snehal Kakrania, Adv.
Mr. Sanjeev Kumar, Adv.
For M/s. Khaitan & Co., AOR For Respondent(s) Mr. Ashok Kumar Jain, Adv.
Mr. Pankaj Jain, Adv.
Mr. Amit Kasera, Adv.
Mr. Bijoy Kumar Jain, AOR
Mr. Sunil Kumar Jain, AOR
UPON hearing the counsel the Court made the following O R D E R Civil Appeal Nos. 2524-2526/2016 The appeals stand disposed of in terms of the signed order.
Pending application(s) shall stand disposed of.
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SLP(C) No. 33645/2013
Learned counsel appearing for the petitioners seeks permission to withdraw the present Special Leave Petition in view of the order passed in CA Nos.2524-2526/2016.
The Special Leave Petition stands dismissed as withdrawn accordingly.
(NEETU SACHDEVA) (NISHA TRIPATHI)
COURT MASTER (SH) BRANCH OFFICER
(signed order is placed on the file)