State Bank Of India vs Late Shri Shanker Sharma S/O ...
2022 Latest Caselaw 13952 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 116/2019

State Bank Of India, Falna Branch, Through Branch Manager, Tehsil Bali, District Pali.

----Appellant Versus

1. Late Shri Hari Shanker Sharma S/o Kanhaiya Lal, B/c Brahmin, R/o Subhash Road, Falna Prop. - Shree Steel Engineering Company Falna Tehsil Bali District Pali (Raj.) Through Legal Representative -

1/1. Smt. Kailashi Devi W/o Late Shri Shanker Sharma, Aged About 70 Years, Subhash Road, Falna, District Pali. 1/2. Chandra Prakash Sharma S/o Late Hari Shanker Sharma, Aged About 43 Years, Subhash Road, Falna, District Pali. 1/3. Indra Joshi D/o Late Shri Hari Shanker Sharma, W/o Shivlal Joshi, Aged About 50 Years, Ranakpur Road, Sadari, District Pali.

1/4. Sharda Joshi D/o Late Hari Shanker Sharma W/o Vishnulal Ji Joshi, Aged About 46 Years, Bhatwas, P.o. Ambaji, District Banaskatha, Gujarat. 1/5. Lalita Sharma D/o Late Hari Shanker Sharma W/o Lalit Sharma, Aged About 40 Years, Subhshri Complex, Kanjur Marg (East) Mumbai (Maharashtra).

----Respondents

For Appellant(s) : Mr. Sandeep Shah, Sr. Adv. With Mr. Abhimanyu Singh Rathore For Respondent(s) : Mr. Rajesh Parihar

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 28/11/2022

Learned counsel appearing for the appellant-Bank submits

that the respondent did not repay the loan amount. It is submitted

that a compromise was effected between the parties. One of the

pre-condition of the compromise was that a no objection

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certificate from RFC was to be submitted by the respondent and

thereafter, the goods under possession of the appellant were to be

handed over to the respondent. The respondent deposited the

amount after delay and also failed to produce the no objection

certificate. It is also submitted that despite sending letters, the

respondents have not taken the goods in their possession. The

learned Trial Court, therefore, has wrongly passed the impugned

judgment and decree.

Per contra, learned counsel appearing for the respondent

submits that the learned trial Court has rightly reached to the

conclusion because though the payment was made by the

respondent, the appellant-Bank failed to deliver the machinery to

the respondent. It is submitted that the learned Trial Court after

considering all the facts and circumstances of the case, has rightly

passed the impugned judgment and decree.

In support of his contention, learned counsel appearing for

the respondent has relied upon the judgment delivered in the case

of M/s Malwa Strips Pvt. Ltd. vs. M/s Jyoti Ltd., reported in 2009

AIR (SCW) 1113.

The matter requires consideration.

Call for the record.

List the matter after six weeks.

Till then, effect and operation of the impugned judgment and

decree dated 28.02.2018 passed by the learned Additional District

Judge, Bali, District-Pali in Civil Original Suit No.66/2008 shall

remain stayed.

(MADAN GOPAL VYAS),J 125-neha/-

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