Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APEPAL NO. 4189 OF 2001
M/s. Karnataka Patrika (P) Ltd. …Appellants
VERSUS
Syndicate Bank & Ors. …Respondents
O R D E R
1. Heard the learned counsel for the parties.
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2. By an order dated 5 of April, 2004, this Court
passed the following order :-
“Subject to the petitioner’s depositing the
amount of Rs. 2,50,000/- (rupees two lakhs
fifty thousands only) within a period of four
weeks, there will be stay of the execution of
the decree as far as the petitioner is
concerned. The deposit is to be made with
the Registry of this Court. If such deposit is
made, the Registry shall invest the same in
a short term fixed deposit in a nationalized
bank and keep the same renewed till
further orders of this Court. In default of
payment, the prayer for interim relief will
stand dismissed.”
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3. It is not now in dispute that the aforesaid amount
of Rs. 2,50,000/-, as directed by this Court by its order
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dated 5 of April, 2004, has already been deposited and
the same has already been invested by the Registry of
this Court in a fixed deposit in a nationalized bank.
The learned counsel appearing 25/08/2008for the
Syndicate Bank, decreeholder/respondent submitted
on instructions that the appeal can be disposed of with
a direction that the entire decreetal amount shall stand
satisfied if the aforesaid sum of Rs. 2,50,000/-
deposited by the appellant with the Registry of this
Court is allowed to be withdrawn by the Bank with
interest accrued thereon. We appreciate the stand
taken by the respondents-Syndicate Bank. Accordingly,
by consent, we dispose of the appeal on the following
terms :-
(i) The appeal shall stand allowed in part and
the decree of the trial Court shall stand
modified to the extent that the said decree
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shall stand satisfied for a sum of Rs.
2,50,000/- with interest accrued thereon.
(ii) The respondent Bank is entitled to withdraw
the aforesaid amount deposited in the
Registry of this Court with interest accrued
thereon. The Registry of this Court shall
hand over the aforesaid amount with accrued
interest to the respondent within eight weeks
from the date of passing of this Order.
4. With these directions, this appeal is disposed of on
consent. There will be no order as to costs.
………….…
………..J.
[Tarun Chatterjee]
New Delhi; .……….……………J.
August 19, 2008. [Aftab Alam]
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