M/S. Karnataka
Patrika (P) Ltd. Vs. Syndicate Bank & Ors. [2008] INSC 1383 (19 August
2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APEPAL NO. 4189 OF 2001 M/s.
Karnataka Patrika (P) Ltd. ...Appellants VERSUS Syndicate Bank & Ors.
...Respondents
ORDER
1.
Heard
the learned counsel for the parties.
2.
By
an order dated 5th of April, 2004, this Court passed the following order :-
"Subject to the petitioner's depositing the amount of Rs. 2,50,000/-
(rupees two lakhs fifty thousands only) within a period of four weeks, there
will be stay of the execution of the decree as far as the petitioner is
concerned. The deposit is to be made with the Registry of this Court. If such
deposit is made, the Registry shall invest the same in a short term fixed
deposit in a nationalized bank and keep the same renewed till further orders of
this Court. In default of payment, the prayer for interim relief will stand
dismissed."
3.
It
is not now in dispute that the aforesaid amount of Rs. 2,50,000/-, as directed
by this Court by its order dated 5th of April, 2004, has already been deposited
and the same has already been invested by the Registry of this Court in a fixed
deposit in a nationalized bank.
The learned counsel
appearing 25/08/2008for the Syndicate Bank, decreeholder/respondent submitted
on instructions that the appeal can be disposed of with a direction that the
entire decreetal amount shall stand satisfied if the aforesaid sum of Rs.
2,50,000/- deposited by the appellant with the Registry of this Court is
allowed to be withdrawn by the Bank with interest accrued thereon. We
appreciate the stand taken by the respondents-Syndicate Bank. Accordingly, by
consent, we dispose of the appeal on the following terms :- (i) The appeal
shall stand allowed in part and the decree of the trial Court shall stand
modified to the extent that the said decree 2 shall stand satisfied for a sum
of Rs. 2,50,000/- with interest accrued thereon.
(ii) The respondent
Bank is entitled to withdraw the aforesaid amount deposited in the Registry of
this Court with interest accrued thereon. The Registry of this Court shall hand
over the aforesaid amount with accrued interest to the respondent within eight
weeks from the date of passing of this Order.
4.
With
these directions, this appeal is disposed of on consent. There will be no order
as to costs.
................
...........J. [Tarun Chatterjee]
..........................J.
New
Delhi;
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