M/s Unichem Industries, through its Proprietor Sri P.K.Ghosh & Ors. Vs. State Bank of India.
EmailAppeal: Civil Appeal No. 3944 of 1987.
(Arising out of SLP (C) No. 8810/87.)
(Arising out of SLP (C) No. 8810/87.)
Petitioner: M/s Unichem Industries, through its Proprietor Sri P.K.Ghosh & Ors.
Respondent: State Bank of India.
Apeal: Civil Appeal No. 3944 of 1987.
(Arising out of SLP (C) No. 8810/87.)
(Arising out of SLP (C) No. 8810/87.)
Judges: SABYASACHI MUKHARJI & S. RANGANATHAN,JJ.
Date of Judgment: Dec 08, 1987
Head Note:
PRACTICE & PROCEDURE
Adjudication of claim – Order of High Court set aside subject to the appellant depositing the entire decretal amount plus interest in FDR – Appellant’s application for counter claims to disposed of by the High Court in accordance with law.
JUDGEMENT:
O R D E R
1. Special Leave granted.
2. Having considered the facts and circumstances of the case the order of the High Court of Punjab & Haryana dated the 17th April, 1987, is set aside provided the appellants deposit the entire decretal amount alongwith interest with any Nationalised Bank in Fixed Deposit within a period of four weeks from today with the condition that this amount will be kept in deposit until the disposal of the issues as hereinafter indicated and the appellants will get the Fixed Deposit Receipt renewed from time to time.
3. In case such Fixed Deposit Receipt is made within the stipulated period then the claim of the appellants may be adjudicated upon. Provided further that the appellants shall file an application for the counter claim within three weeks thereafter which application the Court will dispose of in accordance with law. In case such pleas are allowed to be taken then question should be considered by the High Court in accordance law. In case no such application is made then this appeal shall stand dismissed and the amount deposited will be adjusted towards the satisfaction of the claims of the respondents.
4. The appeal is disposed of accordingly.
Appeal allowed.
1. Special Leave granted.
2. Having considered the facts and circumstances of the case the order of the High Court of Punjab & Haryana dated the 17th April, 1987, is set aside provided the appellants deposit the entire decretal amount alongwith interest with any Nationalised Bank in Fixed Deposit within a period of four weeks from today with the condition that this amount will be kept in deposit until the disposal of the issues as hereinafter indicated and the appellants will get the Fixed Deposit Receipt renewed from time to time.
3. In case such Fixed Deposit Receipt is made within the stipulated period then the claim of the appellants may be adjudicated upon. Provided further that the appellants shall file an application for the counter claim within three weeks thereafter which application the Court will dispose of in accordance with law. In case such pleas are allowed to be taken then question should be considered by the High Court in accordance law. In case no such application is made then this appeal shall stand dismissed and the amount deposited will be adjusted towards the satisfaction of the claims of the respondents.
4. The appeal is disposed of accordingly.
Appeal allowed.
