M/s. Apj Laboratories Pvt.ltd
v.
Union Of India
(Supreme Court Of India)
Writ Petition (Civil) No. 595 Of 2016 | 14-09-2016
Kurian Joseph, J.
1. When this Writ Petition came up for admission on 29.07.2016, this court passed the following order:
Issue notice.
In the meantime, there shall be stay of further proceedings for auction of the property taken from the petitioner on a condition that the petitioner shall deposit 75% of the dues as on 31.03.2016 in two instalments. The first instalment of 50% of the dues shall be remitted within six weeks from today and the balance 25% shall be remitted within another six weeks.
Post after six weeks, so as to see whether the first instalment is remitted or not.
It is made clear that in case the first instalment is not remitted within six weeks from today, as ordered, the writ petition shall stand dismissed without further reference to the Court.
2. Today we are informed that the petitioner could not however, comply with the conditions in the above order.
Therefore, in terms of the said order writ petition is dismissed.
3. However, we make it clear that dismissal of the writ petition shall not stand in the way of the petitioner, availing one time settlement, if available, with the bank.
1. When this Writ Petition came up for admission on 29.07.2016, this court passed the following order:
Issue notice.
In the meantime, there shall be stay of further proceedings for auction of the property taken from the petitioner on a condition that the petitioner shall deposit 75% of the dues as on 31.03.2016 in two instalments. The first instalment of 50% of the dues shall be remitted within six weeks from today and the balance 25% shall be remitted within another six weeks.
Post after six weeks, so as to see whether the first instalment is remitted or not.
It is made clear that in case the first instalment is not remitted within six weeks from today, as ordered, the writ petition shall stand dismissed without further reference to the Court.
2. Today we are informed that the petitioner could not however, comply with the conditions in the above order.
Therefore, in terms of the said order writ petition is dismissed.
3. However, we make it clear that dismissal of the writ petition shall not stand in the way of the petitioner, availing one time settlement, if available, with the bank.
Advocates List
For the Appellant -------------- For the Respondents -------
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE MR. JUSTICE KURIAN JOSEPH
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Eq Citation
(2017) 1 SCC 80
LQ/SC/2016/1196
HeadNote
Debt, Financial and Monetary Laws — Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — Ss. 17(1) & (2) and 19 — Stay of auction of property — Conditions imposed by Supreme Court — Dismissal of writ petition on failure to comply with conditions — Dismissal of writ petition not to stand in the way of petitioner availing one time settlement if available with the bank
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