Supreme CourtDivision Bench(2015) 04 SC CK 0064

Anilrao Kalajerao Babar vs Sangli District Central Cooperative Bank Ltd. and Others

Supreme Court Of India · Decided on 7 April 2015 · Citation: (2015) 5 SCALE 669

HON’BLE JUDGES
Anil R. Dave, J · Kurian Joseph, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 3734 of 2015 (Arising out of Special Leave Petition (C) No. 15507 of 2013) and Contempt Petition (C) No. 320 of 2013 in Civil Appeal No. 3734 of 2015 (Arising out of Special Leave Petition (C) No. 15507 of 2013)

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Judgment

13 paragraphs · 322 words

SPECIAL LEAVE PETITION (C) No. 15507 of 2013

1.

Leave granted.

2.

Heard the learned Counsel appearing for the parties.

3.

Upon hearing the learned Counsel for the parties, we find that the disputed questions of fact are involved in this matter and it would be just and proper if the Appellant and Respondent Nos. 5-18 approach the Debts Recovery Tribunal for ventilating the grievance of Yashwant Sahakari Sakhar Karkhana Ltd., of which the Appellant and Respondent Nos. 5-18 are the members.

4.

Ad-interim relief which has been granted by this Court shall remain in force for six weeks from today.

5.

If the Appellant and Respondent Nos. 5-18 approach the Debts Recovery Tribunal within two weeks from today, the DRT shall not raise any question with regard to the limitation and shall entertain the proceedings in accordance with law.

6.

The application for interim relief, if any, may be filed before the Debts Recovery Tribunal within two weeks from today and, if filed, the same shall be decided by the Tribunal within four weeks from the date of its filing.

7.

The Tribunal shall decide the proceedings without being influenced by any of the observations made by the High Court or by the fact that ad-interim relief was granted by this Court at an earlier point of time.

8.

With the above observations and directions, the Civil Appeal is disposed of with no order as to costs.

9.

The question of law is kept open.

10.

The parties shall be at liberty to raise all contentions before the Debts Recovery Tribunal.

CONTEMPT PETITION (C) No. 320 of 2013 IN CIVIL APPEAL No. 3734 of 2015 [@ SPECIAL LEAVE PETITION (C) No. 15507 of 2013]

11.

In view of the order passed by us today in Civil Appeal arising out of SLP (C) 15507 of 2013, no further orders need be passed in the Contempt Petition and it is, accordingly, disposed of.