Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.10868 OF 2016
(Arising out of SLP(C)No.33674/2016 @ CC 20729/2016)
MANAGING DIRECTOR, U.P. RAJYA SAHAKARI
KRISHI EVAM GRAMYA VIKAS BANK LTD &
ANR. ... APPELLANT(S)
VS.
SUBHASH CHANDRA AWASTHI & ANR. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
Delay condoned . Leave granted.
1. Heard the learned counsel for the appellants. He
has drawn our attention to a judgment of this Court
st
delivered on 31 January, 2013, in Civil Appeal
No.8415/2009 in the case of Assistant Engineer, Rajasthan
Development Corporation & Anr. Vs. Gitam Singh, reported
in (2013) 5 SCC 136.
JUDGMENT
2. Looking at the facts of the present case, in our
opinion, Rs.75,000/- (Rupees Seventy Five Thousand only)
would be the just compensation, which might be paid to
Respondent No.1 by the appellants.
3. The appellants shall give an 'Account Payee Cheque'
for Rs.75,000/- (Rupees Seventy Five Thousand only) to
Respondent No.1 towards full and final payment for the
amount, which might be payable to him. The cheque will
1
Page 1
be sent to Respondent No.1 through speed post within two
weeks from today along with a copy of this order.
4. If Respondent No.1 is agreeable to receive the
amount in full settlement of all his claims against the
appellants, he shall accept the cheque.
5. If Respondent No.1 is not prepared to accept the
said amount, it would be open to him to approach this
Court by way of an application, so that the matter can be
reconsidered and in that event, he shall return the
cheque to the appellants.
6. In view of the above order, the impugned order is
set aside and the appeal is allowed. No costs.
.............J.
[ANIL R. DAVE]
................J.
[A.M. KHANWILKAR]
New Delhi;
th
11 November, 2016.
JUDGMENT
2
Page 2