Chiranjiv Singh vs. Lt Col (Retd) Hargobind Singh (Deceased) Thr Lrs

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).2982/2021

(Arising out of impugned final judgment and order dated 08-01-2019 in RSA No.4602/2015 passed by the High Court of Punjab & Haryana at Chandigarh)

CHIRANJIV SINGH & ANR. Petitioner(s)

VERSUS

LT COL (RETD) HARGOBIND SINGH (DECEASED) THR LRS. Respondent(s)

(IA No. 22461/2021 - EXEMPTION FROM FILING AFFIDAVIT AND IA No. 22459/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

Date : 10-10-2023 This matter was called on for hearing today.

• CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL
• For Petitioner(s) Mr. Anuj Prakash, Adv. Mr. Niraj Dubey, Adv. Mr. Pradum Kumar, Adv. Mr. Kumar Mihir, AOR
• For Respondent(s) Mr. Gurbax Singh, Adv. Mr. Arvind Gupta, AOR Mrs. Suman Sharma, Adv. Mr. Dr. Prahlad Narayan Singh, Adv.

UPON hearing the counsel the Court made the following O R D E R

Mr. Anuj Prakash, the learned counsel appears for the petitioners (plaintiffs). Mr. Gurbax Singh, the learned counsel, appears for the respondent(defendant).

2. The Civil Suit No.317 of 2004 was filed for specific performance of the sale agreement dated 24.04.2004 but the suit was dismissed by the learned Civil Judge (Junior Division), Chandigarh on 21.05.2014. The challenge by the Digitally signed by Neetu Khajuria Date: 2023.10.11 18:51:49 IST Reason: Signature Not Verified

petitioners-plaintiffs was then rejected by the learned Additional District Judge, Chandigarh by dismissing the Civil Appeal No.299 of 31.07.2014 on 08.04.2015. The petitioners-plaintiffs then filed a second appeal but under the impugned order dated 08.01.2019, the High Court has dismissed the Second Appeal filed by the plaintiffs.

3. Looking at the concurrent orders against the plaintiffs, this Court on 15.02.2021 issued notice limited to the question of refund of Rs.5,00,000/- with interest.

4. When the case was next listed on 20.01.2023, it was submitted by the learned counsel for the respondent– defendant that an amount of Rs.5 lakhs already stands deposited with the Trial Court and the same can be withdrawn by the plaintiffs.

5. Today, when the case is called, Mr. Anuj Prakash, the learned counsel submits that incorrect information was given by the learned counsel for the respondent-defendant to this Court on 20.01.2023. On verification of the records in the Trial Court, it is confirmed that no amount by way of refund was deposited in the Trial Court by the defendant.

6. On the above, Mr. Gurbax Singh, the learned counsel for the respondent-defendant would submit that the original defendant has passed away and his wife, who is aged about 90 years had given a draft for Rs.9,12,000/- (Rupees Nine Lakh Tweleve Thousand only), drawn up on 21.05.2015 for payment to the petitioners-plaintiffs, but it is now learnt

2

that the said draft was never actually deposited by the counsel for the respondent-defendant before the Trial Court. However, to indicate the bona fide of the respondent-defendant, Mr. Gurbax Singh, learned counsel submits that the old bank draft has since been re-validated by the Punjab National Bank and the same can immediately be handed over to the learned counsel for the petitioners.

7. The bank draft is produced and as can be noticed it was revalidated on 29.07.2023. Mr. Anuj Prakash, learned counsel for the petitioners-plaintiffs accordingly submits that the same be accepted and thereafter be handed over to the counsel for the petitioners.

8. Noting the above, the demand draft No.723833 dated 21.05.2015 (revalidated on 29.07.2023) for Rs.9,12,000/- (Rupees Nine Lakh Tweleve Thousand only) drawn on Punjab National Bank in favour of the petitioners-plaintiffs is permitted to be handed over to the Court Master. The learned advocate on record for the petitioners-plaintiffs, Mr. Kumar Mihir is permitted to collect the said draft from the Court Master.

9. With the above order, the special leave petition is disposed of.

10. Pending application(s), if any, also stand disposed of.

(RAVI ARORA) (NIDHI WASON)

COURT MASTER (SH) COURT MASTER (NSH)

3