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Supreme Court - Daily Orders

Hdfc Bank Limited Thr. Its Authorised ... vs The State Of Gujarat on 4 September, 2017

Bench: Ranjan Gogoi, Navin Sinha

                                                                                            1


     ITEM NO.44                            COURT NO.3                    SECTION II-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   (CRL.)    NO(S).
     3915-3917/2017
     (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 16-02-2017
     IN SCRA NO. 7291/2016, SCRA NO. 7489/2016, SCRA NO. 7502/2016
     PASSED BY THE HIGH COURT OF GUJARAT AT AHMEDABAD)

     HDFC BANK LIMITED                                                   PETITIONER(S)

                                                    VERSUS

     THE STATE OF GUJARAT & ORS.ETC. ETC.              RESPONDENT(S)
     (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT       ON IA
     8240/2017. NOTICE RETURNABLE FOR 04.08.2017 WAS ISSUED.)

     Date : 04-09-2017 These matters were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE RANJAN GOGOI
                          HON'BLE MR. JUSTICE NAVIN SINHA

     For Petitioner(s)                     Mr.   Gopal Subramanium, Sr. Adv.
                                           Mr.   Mohit Paul, AOR
                                           Mr.   Rajat Katyal, Adv.
                                           Mr.   Puneeth K.G., Adv.

     For Respondent(s)                     Mr.   Harin P. Raval, Sr. Adv.
                                           Mr.   Anando Mukherjee, Adv.
                                           Mr.   Anupam Raj, Adv.
                                           Ms.   Divya Anand, Adv.
                                           Mr.   S. Kumar Shivam, Adv.
                                           Mr.   Tulika Mukherjee, AOR

                                           Ms. Hemantika Wahi, AOR
                                           Ms. Jesal Wahi, Adv.

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

Exemption from filing certified copy of the Signature Not Verified Digitally signed by VINOD LAKHINA Date: 2017.09.05 impugned order is granted. 17:11:57 IST Reason: 2

Parties have agreed to settle the matter on the following terms:

1. Hypothecation of the vehicle in favour of the petitioner Bank will be reinstated;
2. The respondent No.4 – Chirag Jayantilal Patel will make payment of a sum of Rs.60 lakhs to the petitioner Bank within ten (10) days from today;
3. Upon payment of Rs.60 lakhs, the petitioner Bank will convey the title of the vehicle in favour of the respondent No.4 – Chirag Jayantilal Patel;

Order of the High Court insofar as possession of the vehicle shall continue to remain in force subject to the fulfillment of the above condition.

Insofar as the DRT proceedings are concerned, we make it clear that the petitioner Bank will be at liberty to pursue the said proceedings.

Criminal proceedings instituted by the respondent No.4 against the respondent Nos. 2 and 3 shall also be continued.

The Special Leave Petitions are disposed of in the above terms.

 [VINOD LAKHINA]                                  [ASHA SONI]
       AR-cum-PS                                BRANCH OFFICER