The Bijnor Urban Cooperative Bank ... vs Meenal Agarwal on 15 December, 2021
17. Though the decision of this Court in Meenal
Agarwal [Bijnor Urban Coop. Bank Ltd. v. Meenal Agarwal,
(2023) 2 SCC 805 : 2021 SCC OnLine SC 1255] was specifically
pressed in service on behalf of the Bank and was pointed out to
the High Court, the High Court instead following the binding
decision of this Court in Meenal Agarwal [Bijnor Urban Coop.
Bank Ltd. v. Meenal Agarwal, (2023) 2 SCC 805 : 2021 SCC
OnLine SC 1255] has not followed the same by observing that
the earlier decision of this Court in Sardar Associates [Sardar
Associates v. Punjab & Sind Bank, (2009) 8 SCC 257 : (2009) 3
SCC (Civ) 350] is more elaborate. We do not approve such an
observation by the High Court and not following the subsequent
binding decision of this Court which as such was on the point.