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1990 Supreme(SC) 32

SUPREME COURT OF INDIA
M.H. KANIA AND KULDIP SINGH, JJ.
Ramesh Chand and another, Appellants
Versus
Punjab National Bank and others. Respondents
Civil Appeal No. 233 of 1990, D/- 22-1-1990.

Headnote:DELAY IN FILING WRITTEN STATEMENT—ALTHOUGH THE CONDUCT OF DEFENDANT FAR FROM BEING SATISFACTORY SUPREME COURT GIVING HIM FINAL OPPORTUNITY TO FILE WRITTEN STATEMENT ON DEPOSIT IN COURT OF RUPEES TWO LAKHS WITHIN SPECIFIED TIME

       - as held in the case of Ramesh Chand and another v. Punjab National Bank, AIR 1990 SC 1147, although the conduct of the appellants has certainly been far from satisfactory and it does appear that they have tried to delay the matters, one final opportunity could be given to them for filing the written statement on certain conditions. In the event of the appellants depositing in Court a sum of Rs. two lakhs within a period of four weeks from the date of the order, the impugned order will be set aside and they will be permitted to file their written statement within one week thereafter. In the event of their not depositing the amount within such time, the appeal shall stand dismissed with the costs without any further orders.

JUDGMENT

 Leave granted. Counsel heard.

2. We feel that, although the conduct of the appellants has certainly been far from satisfactory and it does appear that they have tried to delay the matters, one final opportunity could be given to them for filing the written statement on certain conditions. In the event of the appellants depositing in court a sum of Rs. two lakhs within a period of four weeks from today the impugned order will be set aside and they will be permitted to file their written statement within one week thereafter. In the event of their not depositing the amount within such time the appeal shall stand dismissed with costs without any further orders. In the event of deposit being made respondent No. 1 will be at liberty to withdraw the same subject to further orders of this Court. The deposit will be made without prejudice to the rights of the appellants. The appeal is disposed of. In the event of deposit of Rs. 2,00,000/- being made within aforesaid time there will be no order as to costs of the appeal which will be disposed of as aforestated. In the event of deposit not being made within aforesaid time there will be an order of costs as aforesaid.

Order accordingly.

For Citation : AIR 1990 SC 1147

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