Union Bank Of India vs M/S Raunak Steels ...
2024 Latest Caselaw 7981 Raj

Rajasthan High Court - Jodhpur

Union Bank Of India vs M/S Raunak Steels ... on 11 September, 2024

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2024:RJ-JD:37719-DB]                   (1 of 2)                      [CMA-1039/2023]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Civil Misc. Appeal No. 1039/2023

Union Bank Of India, Chaupasani Road Branch, Jodhpur Raj
Through Authorized Person Shri Premchand Suthar
                                                                      ----Appellant
                                       Versus
M/s Raunak Steels, Ak 267, Maruhar Industrial Area,basni
Second Phase Jodhpur Through Partner Manju Salecha W/o Shri
Padam Salecha
                                                                    ----Respondent


For Appellant(s)             :     Mr. Vinit Sanadhya
For Respondent(s)            :     Mr. Pramod Gupta
                                   Mr. Sachin Acharya



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

11/09/2024

1. This instant misc. appeal has been preferred by the appellant

claiming the following reliefs :-

"It is, therefore, respectfully prayed that the instant appeal may kindly be allowed and the Impugned order dated 31.03.2023 passed by the Learned Commercial Court no-2, Jodhpur in Civil Case no- 24/2022 (Union bank of India vs M/s Raunak Steels) may kindly be quashed and set aside.

Consequently, The application moved by the Appellant under Order 21 Rule 58 read with Section 47 of CPC may kindly be allowed.

Any other appropriate order, which, this Hon'ble Court deems fit and proper in the facts and circumstances of the case in favour of the appellant may kindly be passed."

[2024:RJ-JD:37719-DB] (2 of 2) [CMA-1039/2023]

2. Learned counsel appearing on behalf of Bank, Judgment

Debtor & Decree Holder are in agreement that a compromise has

been arrived at between the parties and the matter has been

resolved.

3. They jointly submit that the present Civil Misc. Appeal may

be disposed of, with a direction to the Bank to release the balance

amount from the auction, which is Rs.11,43,000/- to the decree

holder within a period of three days from today.

4. On such joint prayer made by counsel representing the Bank,

Judgment Debtor and the Decree Holders, the present appeal is

disposed of, while directing the bank to pay the difference auction

amount of Rs.11,43,000/- to the decree holder. The costs imposed

upon the bank are hereby waived. The impugned order stands

modified accordingly.

(MUNNURI LAXMAN),J (DR.PUSHPENDRA SINGH BHATI),J

44-devrajP/-

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