PERSN MEDICINAL PLANT P.LTD. Vs INDIAN BANK .
Bench: DALVEER BHANDARI,DEEPAK VERMA, , ,
Case number: C.A. No.-002074-002078 / 2011
Diary number: 27645 / 2010
Advocates: Vs
HIMANSHU MUNSHI
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.2074-2078 OF 2011 (Arising out of SLP(C) Nos.26451-26455/2010)
PERSN MEDICINAL PLANTS PVT. LTD. & ANR. Appellant(s)
:VERSUS:
INDIAN BANK AND ORS. Respondent(s)
O R D E R
Leave granted.
We have heard the learned counsel for the
parties.
These appeals emanate from the judgment and
orders dated 16th June, 2010 passed by the High Court
of Judicature at Madras in Writ Petition
No.17016/2009 and Civil Revision No.2467 of 2009 and
M.P. Nos.1 & 2 of 2009 in Civil Revision No.2467 of
2009 by which, while allowing the writ petition and
the civil revision petition, the High Court has set
aside the order passed by the Debts Recovery
Appellate Tribunal (“DRAT”).
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Our attention has been drawn to a letter dated
13.12.2010 sent by the Chief Manager, Indian Bank,
to the Director of the appellant Company, the
relevant portion of which reads as under:
“As regards the liabilities, we wish to
state that the amount due as on
30.11.2010 is Rs.3467.89 Lakhs after
appropriation of a sum of Rs.410.00 lakhs
collected after filing of suit and
Rs.5525.00 lakhs being the sale proceeds
of property said above.” (Page 226)
Learned Solicitor General submits that if the
Bank is allowed to appropriate this amount, then he
has no objection to the appeal of the appellant
being heard on merit by the DRAT. We direct that
the Indian Bank would be at liberty to appropriate
the amount which is already with the Bank, however,
this would be subject to the final decision of the
appeal by the DRAT.
In the facts and circumstances of this case,
we direct the DRAT to hear and dispose of the appeal
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on all questions of law, as expeditiously as
possible, in any event, within two months from the
date of the communication of this order.
These appeals are accordingly disposed of,
leaving the parties to bear their own respective
costs.
.....................J (DALVEER BHANDARI)
.....................J (DEEPAK VERMA)
New Delhi; February 25, 2011.