Union Bank of India
& ANR. Vs. Sri Laxmidhar Nayak & Ors. [2009] INSC 340 (16 February
2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.1071 OF 2009 (Arising out of S.L.P. (C) No.6319 of
2008) Union Bank of India & Anr. ...Appellant(s) Versus Sri Laxmidhar Nayak
& Ors. ...Respondent(s) O R D E R Delay condoned.
Leave granted.
Heard learned counsel
for the parties.
By the impugned
order, the High Court has directed the borrower to pay in installments by
assuming that in terms of One Time Settlement, a sum of Rs.14,60,000/- was
payable by the respondents to the Bank. This assumption was founded on letter
dated 10th February, 2007, written by the Central Assistant Public Information
Officer of the Bank in response to an application made by Smt. Manjulata Nayak
under the Right to Information Act. In that letter, the amount due was shown as
Rs.14,56,623/- as on 30th June, 2006. We have gone through that letter and find
that the same does not contain any indication that the Bank had agreed for One
Time Settlement by accepting a sum of Rs.14,60,000/-. Therefore, the High Court
was not justified in relying upon that letter for compelling the Bank to accept
the total amount of Rs.14,60,000/- by ignoring that as on the date of order the
....2/- -2- outstanding dues were more than Rs.14,60,000/-. In this view of
the matter, it will be just and proper to remit the case to the High Court for
fresh decision of the writ petition filed by the respondents.
Accordingly, the
appeal is allowed, impugned order is set aside and the matter is remitted to
the High Court to decide the matter afresh keeping in view the outstanding dues
of the Bank on the date of the order, which the High Court may pass pursuant to
this order.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
February
16, 2009.
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