State Bank Of India vs Pabba Ramchander

                             -1-


            HON'BLE SRI JUSTICE P.NAVEEN RAO
                           AND
           HON'BLE SRI JUSTICE J.SREENIVAS RAO

     C.C.C.A. NO.19 OF 2022 AND A.S. NO.26 OF 2022

                   Date: 08.12.2022
CCCA NO. 19 OF 2022

Between:

State Bank of India, Commercial Branch,
Rep. by its Chief Manager.

                                   .....Appellant/Defendant No.2
    And

Pabba Ramchander, S/o. P. Shiva Rajaiah
Occ : Business, aged about 48 years,
R/o. H.No. 1-7-270, Behind Hotel Abhiruchi,
S.D. Road, Secunderabad - 500 003.

                                          ...Respondent/Plaintiff

Pabba Bhim Shankar, S/o. P. Shiva Rajaiah Aged about 54 years, Occ : Managing Director, Sree Ramana Process Pvt. Ltd., R/o. Flat No.301, Super West Apartments, Steet No.01, Road No.10, West Marredpally, Secunderabad.

.....Respondent/Defendant No.1 A.S. NO.26 OF 2022 Between:

Pabba Bhim Shankar, S/o. P. Shiva Rajaiah Aged about 47 years, Occ : Managing Director, Sree Ramana Process Pvt. Ltd., R/o. Flat No.301, Super West Apartments, Steet No.01, Road No.10, West Marredpally, Secunderabad.

.....Respondent/Defendant No.1 -2- And Pabba Ramchander, S/o. P. Shiva Rajaiah Occ : Business, aged about 48 years, R/o. H.No. 1-7-270, Behind Hotel Abhiruchi, S.D. Road, Secunderabad - 500 003.

...Respondent/Plaintiff State Bank of India, Commercial Branch, Rep. by its Chief Manager.

.....Appellant/Defendant No.1 The Court made the following:

HON'BLE SRI JUSTICE P.NAVEEN RAO AND HON'BLE SRI JUSTICE J.SREENIVAS RAO C.C.C.A. NO.19 OF 2022 AND A.S. NO.26 OF 2022 COMMON ORDER: (Per Hon'ble Sri Justice P.Naveen Rao) Aggrieved by the Judgment and decree in OS. No. 96 of 2014 dated 27.09.2021 passed by the XXVII Additional Chief Judge, City Civil Court, Secunderabad, CCCA No. 19 of 2022 is filed by the State Bank of India and A.S. No.26 of 2022 is filed by defendant No.1. During the pedency of these appeals against THE order in Criminal Petition No.2640 of 2016 dated 26.09.2018 passed by this Court, SLP (Criminal) No. 1830 of 2019 was filed before the Hon'ble Supreme Court by appointing Mediator. The parties resolved their disputes and entered into Settlement Agreement and the same was recorded by the Mediator at Mediation Center. The plaintiff and defendant No.1 have filed joint memo before this Court vide USR.No.109140 by enclosing the copy of the Settlement Agreement.

2. Learned counsel representing the respective parties informs the Court that as directed by the Hon'ble Supreme Court, this Court is required to record the terms of settlement entered by the parties and dispose of the appeals. -4-

Clause 9.1 and 9.2 of the Settlement Agreement reads as under:

"9.1. That within 8 weeks from the date of present settlement, initially the Party No.2 has agreed to jointly sign all the Petition(s) and document(s) demanded by the State Bank of India, Commercial Branch, Secunderabad for releasing the title deed(s)/sale deed No.823/2007 dated 04.05.2007 as well as Original Registered Sale Deed No.596/1959 as well as Original Sanctioned Plan GHMC and Permit No.21/3 dated 21.01.2010 which was mortgaged with the bank vide mortgage arrangement dated 23.10.2010 of Schedule Property and hand over the same to the Party No.1.

9.2. That in addition to 9.1., Party No.2 within 8 weeks has agreed to file a joint petition with the Party No.1 before the Hon'ble High Court of Telangana in C.C.C.A. No.19 of 2022 filed by the State Bank of India before the Hon'ble High Court, for release of Original title deed/sale deed No.823/2007 dated 04.05.2007 as well as Original Registered Sale Deed No.596/1959 as well as Original Sanctioned Plan GHMC and Permit No.21/3 dated 21.01.2010 in favour of the Party No.1 which was mortgaged with the bank vide mortgage arrangement dated 23.10.2010".

3. As per Clause 9.1 and 9.2 of settlement of agreement, the State Bank of India is required to return the original documents mentioned in Clause No.9.1. As per Clause 9.2 the plaintiff and defendant No.1 have to jointly sign all the required documents as required by State Bank of India, Commercial Division, Secunderabad for releasing the documents as mentioned in Clause 9.1. The documents would be released in favour of plaintiff only. In Clause 9.5, it is recorded that party No.2 who is appellant in A.S.No.26 of 2022 shall withdraw the appeal. On the joint memo filed by respondents 1 and 2 in CCCA No.19 of 2022 and appellant and 1st respondent in A.S. No.26 of 2022 is taken on record.

4. Learned counsel for the appellant in CCCA No.19 of 2022 filed memo enclosing Letter of Chief Manager, State Bank of India, Commercial Branch, Secunderabad.

5. A reading of the said Letter, would show that bank is agreeable for release of the documents, but it imposes a condition that both brothers should come together and sign for release of the documents. This requirement is contrary to the settlement arrived at by both the parties as directed by the Hon'ble Supreme Court, extracted above. The Bank shall release the documents, mentioned in Clause 9.1 of settlement to respondent No.1 in A.S. No.26 of 2022, who is 2nd respondent in CCCA No.19 of 2022. Accordingly, the A.S. No.26 of 2022 is disposed of. In view of settlement of disputes between respondent Nos. 1 and 2 nothing survives for consideration in CCCA No.19 of 2022 and the same stands closed.

Pending miscellaneous applications, if any, shall stand closed.

_____________________ P.NAVEEN RAO, J _______________________ J.SREENIVAS RAO, J 08th December, 2022 Skj/Dgr.

HONOURABLE SRI JUSTICE P. NAVEEN RAO -7- AND HONOURABLE SRI JUSTICE J. SREENIVAS RAO C.C.C.A. NO.19 OF 2022 AND A.S. NO.26 OF 2022 Date: 08.12.2022 Skj/Dgr.