M/S Guru Kirpa Enterprises And Anr vs Corporation Bank And Anr

Citation : 2017 Latest Caselaw 3944 Del
Judgement Date : 4 August, 2017

Delhi High Court
M/S Guru Kirpa Enterprises And Anr vs Corporation Bank And Anr on 4 August, 2017
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    $~8
    *     IN THE HIGH COURT OF DELHI AT NEW DELHI
    +     W.P.(C) 2843/2017 & CM No. 12379/2017

          M/S GURU KIRPA ENTERPRISES AND ANR          ..... Petitioners
                        Through: Ms. Parveen Rawal, Advocate.

                             versus

          CORPORATION BANK AND ANR                ..... Respondents
                       Through: Mr. Samarendra Kumar, Advocate.

          CORAM:
          HON'BLE MS. JUSTICE HIMA KOHLI
          HON'BLE MS. JUSTICE DEEPA SHARMA

                             ORDER

% 04.08.2017

1. The petitioners are aggrieved by the order dated 15.03.2017 passed by the learned DRAT in an appeal preferred by them against the respondent/Bank (S.A. No. 84/2017) whereby interim relief has been declined. The appeal is pending before the DRAT and stated to be listed for final arguments on 21.08.2017.

2. Ms. Rawal, learned counsel for the petitioners states, on instructions, that a meeting of the Managing Director of the petitioner no. 1/Company has been scheduled with the High Powered Committee of the respondent/Bank on W.P.(C) 2843/2017 Page 1 of 3 \ 08.08.2017, at Bangaluru, Karnataka. She further states that vide letter dated 19.07.2017, the petitioners had offered to pay a sum of Rs. 1,20,00,000/- to the respondent/Bank on or before 30.09.2017. This amount is over and above a sum of Rs. 2,28,99,400/- already deposited by the petitioners with the Bank. As per the petitioners, the outstanding amount is Rs. 1,18,36,995/-.

3. Learned counsel for the respondent/bank disputes the said submission and states that the amount received from the petitioners till date is to the tune of Rs. 2,18,00,000/- and with interest, the outstanding amount has mounted to Rs. 4 lakhs, after adjusting the amounts already received.

4. Having regard to the submission made by the learned counsel for the petitioners that they are willing to deposit a further sum of Rs. 60 lacs with a DRAT on or before 21.08.2017, without prejudice to their rights, we deem it appropriate to allow the present petition. It is directed that subject to the petitioners depositing a further sum of Rs. 60 lakhs with the DRAT Registry on or before 21.08.2017, the respondent/Bank shall not take any coercive steps against the petitioners till a decision is taken on the pending appeal which shall be decided on merits or till the date the parties arrive at a W.P.(C) 2843/2017 Page 2 of 3 \ settlement, whichever is earlier.

5. The present petition is disposed of along with pending application.

HIMA KOHLI, J DEEPA SHARMA, J AUGUST 04, 2017/ss W.P.(C) 2843/2017 Page 3 of 3