Punjab National Bank vs Mr. Naresh Kumar Aneja & Ors.

The respondents filed S.A. bearing No.207/2018 titled as Naresh Kumar Aneja V Punjab National Bank which was disposed of vide order dated 08.03.2021. The appellant being the respondent in the S.A. was not satisfied as the litigation expenses, court fees and publication charges were not awarded in favour of the appellant while disposing of the S.A. bearing No.207/2018 vide order dated 08.03.2021. The counsel for the appellant stated that the appellant being the Financial Institution was actually entitled for the recovery of Rs.7.50 lakhs as legal charges, Rs.1,04,000/- as court fee paid to DRT-Jaipur for filing the O.A. bearing No.156/2017 and further Rs.1,05,335 as publication charges. It is argued that the S.A. bearing No.207/2018 be remanded back for fresh consideration of the payment of above-mentioned charges.

Sh. Gourav Arora, Advocate for the respondents on instructions from the respondents stated that to put the litigation to rest, the respondents are ready to deposit Rs.5 lakhs within two weeks towards full and final satisfaction of the claim raised by the appellant as detailed herein above. Sh. Ankur Gupta, Advocate for the appellant stated that the appellant is entitled for the entire claim amount.

In view of the submissions made herein above by the counsel for the respondents and more particularly the present S.A. was filed in the year 2018 it would be in the interest of justice if the respondents are directed to pay Rs.5 lakhs to the appellant on or before 14.08.2026 to the appellant. It is ordered accordingly, the present appeal stands disposed of.

Sh. Gourav Arora, Advocate for the respondents stated that O.A. bearing No.156/2017 is still pending before DRT-Jaipur wherein at present the claim is confined to above mentioned charges by the appellant.

The respondents no.2 to 5 shall be at liberty to file an appropriate application for final disposal of O.A. bearing No.156/2017 in pursuance of the proceedings passed in Appeal No.72/2021.