Shiv Shankar Rice Mills Suresh Kumar Partner vs. State Bank Of Patiala Thr. Managing Director

ITEM NO.12

COURT $NO.5$

SECTION IV-B

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 8442-8443/2014

(Arising out of impugned final judgment and order dated 07-02-2014 in LPA No. 409/2010 07-02-2014 in LPA No. 594/2010 passed by the High Court of Punjab & Haryana at Chandigarh)

M/S SHIV SHANKAR RICE MILLS & ANR. Petitioner(s)

VERSUS

STATE OF PATIALA & ORS.

Respondent(s)

Date: 12-09-2017 These petitions were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s) Ms. Meenakshi Arora, Sr. Adv. Mr. Arjun Garg, Adv. Mr. Gagan Gupta, AOR Mr. Rohit Chandra, Adv. For Respondent(s) Mr. Pardeep Gupta, Adv. Mr. Parinav Gupta, Adv. Mrs. Mansi Gupta, Adv. Dr. (Mrs.) Vipin Gupta, AOR Mr. Anil Kumar Sangal, AOR Mr. Siddharth Sangal, Adv. UPON hearing the counsel the Court made the following ORDER

On the long pending disputes, the parties have agreed to the extent indicated herein below.

As far as the landed property on which the rice mill is situated is concerned, it is agreed that 68% on the West side will Signa pre-Not Verto the auction purchaser and the remaining 32% will go to the EXAMPLE AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRESS AND ADDRES prepared by Mr. Jaibir Singh Saini, Registered Architect, Court

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Road Safidon, Jind. The sketch was produced before the Court today and is taken on record. As far as the residential properties are concerned, it is agreed that the petitioners will pay an amount of Rs.44 Lacs to the auction purchaser. It is also agreed that out of the deposit in this Court the said Rs.44 Lacs can be paid. There shall be no further claim between the auction purchaser and the original owner.

As far as the settlement of accounts with the Bank is concerned, we direct the learned counsel appearing for the Bank to furnish a statement after appropriating the payments on the respective dates of deposit, waiving the penal interest and by applying simple interest @ 7% per annum for the balance to be refunded.

It will be open also to the petitioners to file a statement regarding the amounts due, according to them.

Post on 19.09.2017.

Partition, as per the sketch produced in Court, shall be completed by 19.09.2017.

Needless also to say that on settlement of the accounts with the Bank, the charge on the remaining properties will also be released by the Bank.

(NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASST. REGISTRAR

P.S.: The Original Sketch, as mentioned above, is enclosed herewith and the sealed envelop received in the Court has already been returned to the Section concerned.

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