Supreme Court - Daily Orders
M/S Kapco Enterprises vs Aditya Birla Finance Limited on 30 April, 2021
Bench: Vineet Saran, Dinesh Maheshwari
1
ITEM NO.6 Court 12 (Video Conferencing) SECTION IV-B
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). 5699/2021
(Arising out of impugned final judgment and order dated 01-04-2021
in CWP No. 34220/2019 passed by the High Court Of Punjab & Haryana
At Chandigarh)
M/S KAPCO ENTERPRISES & ORS. Petitioner(s)
VERSUS
ADITYA BIRLA FINANCE LIMITED & ORS. Respondent(s)
(IA No.50308/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT )
WITH
SLP(C) No. 6528/2021 (IV-B)
(IA No.58556/2021-PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 30-04-2021 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE VINEET SARAN
HON'BLE MR. JUSTICE DINESH MAHESHWARI
For Petitioner(s) Mr. Arkaj Kumar, Adv.
Mr. Hari Om Gupta, Adv.
Mr. Sukrit Gupta, Adv.
Mr. Padmesh Mishra, Adv.
Ms. Neelam Singh, AOR
For Respondent(s) Mr. Sanjeev Singh, Adv.
Mr. Prashant Tripathi, Adv.
Ms. Sampanna Pani, Adv.
Ms. Kajal Bhatia, Adv.
Mr. Sudhansu Palo, AOR
UPON hearing the counsel the Court made the following
Signature Not Verified
O R D E R
Digitally signed by GEETA AHUJA Date: 2021.04.30 16:16:53 IST Reason: SLP(C) No. 5699/2021 Mr. Arkaj Kumar, learned counsel appearing for the petitioner 2 seeks to withdraw this special leave petition as the petitioners do not wish to press this petition.
Permission granted.
The special leave petition is, accordingly, dismissed as withdrawn.
SLP(C) No. 6528/2021
The dispute in the present special leave petition is with regard to repayment of loan taken by the petitioner-Company from the 1st Respondent-Aditya Birla Finance Limited. It is not disputed that the agreement was entered into between the parties on 17.11.2020 according to which, the petitioners were required to pay the entire settlement amount of Rs.6,30,00,000/- (Rupees six crores thirty lakhs only) by 28.01.2020. The total due amount at that stage was Rs.7,89,71,538/- (Rupees seven crores eighty nine lakhs seventy one thousand five hundred thirty eight only) and the settlement was made for an amount of Rs.6.30 crores. In terms of the said settlement, the petitioner-Company had paid an amount of Rs.1 crores but did not comply with the schedule of payment of further dues.
Mr. Arkaj Kumar, learned counsel appearing for the petitioner has made statement that the petitioner-Company is willing to pay an amount of Rs.2 crores through bank draft on or before 05.05.2021 and has further submitted that he shall make a fresh proposal for settlement of the dues which may be considered by the 1 st Respondent. Mr. Sanjeev Singh, learned counsel appearing for the 1st Respondent has submitted that in view of the fact that the 3 petitioner did not honour the earlier settlement dated 17.11.2020, he would now be liable to pay the entire dues along with upto date interest. He has, however, submitted in case, a fresh proposal is given along with the bank draft of Rs.2 crores on or before 05.05.2021, the respondent-Finance Company would be agreeable to consider the proposal for settlement of dues.
In view of the aforesaid facts and circumstances, we dispose of this special leave petition with the direction that in case, the petitioner-Company deposits a bank draft of Rs.2 crores with the 1 st Respondent on or before 05.05.2021 along with a fresh proposal for settlement of dues, the said proposal shall be considered by 1 st Respondent sympathetically as expeditiously as possible, preferably within a period of two weeks from the filing of such application. It is further provided that in case, the petitioner-Company does not deposit the bank draft of Rs.2 crores on or before 05.05.2021, this special leave petition shall stand dismissed.
With the aforesaid direction, the special leave petition shall stand disposed of. Pending application(s), if any, shall also stand disposed of.
(GEETA AHUJA) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)