RAMAKANTH V vs. PURNIMA

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S).2952/2018 (ARISING FROM SLP (C) NO. 28553/2017) RAMAKANTH V APPELLANT(S) VERSUS

1 paid an amount of Rs.40,00,000/- (Rupees Forty Lakhs only) to the respondent, which has been duly acknowledged by the respondent. For the remaining sum of Rs.48,35,000/-, three separate demand drafts are being handed over today to the respondent which have been duly acknowledged by her, in full and final settlement of the amount due to her from the appellant. 5. What survives is a small dispute with regard to the amounts due to ICICI Bank, Gachaibouwli, Hyderabad, in respect of the home loan taken by the parties. ICICI Bank was impleaded as additional respondent by this Court on 12.12.2017. Learned counsel for the Bank has made a vehement plea for full and final settlement of the entire dues to the Bank by directing the parties to pay the outstanding dues to the tune of Rs.75,75,436/-. On going through the accounts, we understand that the same includes the penalty for late payment, outstanding interest and some other minor expenses etc. It also includes an amount of Rs.13,45,000/- paid to one Mr. G. Krishna Mohan on the basis of a work order dated 16.05.2007. It is the case of the parties that no work as such was executed and, therefore, the parties cannot be bound by the said amount. 6. Be that as it may, since the Court has been making efforts for full and final settlement of all 2 the cases between and pertaining to the parties, we requested the Bank to work out a reasonable settlement of the entire disputes and, accordingly, they have shown the grace to waive the penalty, pending interest and miscellaneous charges including the litigation expenses. Still the amount comes up to around Rs.17,00,000/-. 7. Having regard to the facts and circumstances of the case, we are of the view that in the interest of justice and fitness of things, ICICI Bank should settle the whole outstanding dues for an amount of Rs.15,00,000/-. It is ordered accordingly. 8. The respondent shall pay an amount of Rs.9,00,000/- within a week from today to ICICI Bank, Gachaibouwli, Hyderabad. The appellant shall pay the remaining sum of Rs.6,00,000/- within eight weeks from today. However, for the said sum of Rs.6,00,000/-, the appellant will give post dated cheque(s) to ICICI Bank drawn in the name of ICICI Bank followed by the loan account number. 9. Since the disputes are thus settled, we direct ICICI Bank to show loan status of both the parties as ‘settled as paid in full’ so that the parties may not have any difficulty for raising loans in future, if required. As soon as the loan is closed by realizing the amount of Rs.15,00,000/-, the Bank is directed to issue ‘No Dues Certificate’ and ‘No Objection 3

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