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2007 Supreme(SC) 412

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
State Bank Of India – Appellant
Versus
Vijay Kumar – Respondent


JUDGMENT

Dr. Arijit Pasayat, J.—Leave granted.

2. Challenge in this appeal is to the order passed by the Division Bench of the Punjab and Haryana High Court allowing the writ petition filed by the respondent.

3. The background facts which are almost undisputed are as follows :

The appellant-bank filed a recovery petition before the Debt Recovery Tribunal, Chandigarh (in short ‘DRT’). The amount claimed was Rs. 14,92,295.99. The decree was passed and revision petition was filed by the appellant-bank. A compromise deed was filed at the Lok Adalat setting out the different terms of settlement. The relevant terms was that the respondent was to deposit 20% of the compromise/settlement amount within 30 days i.e. on or before December 28, 203 and the remaining amount of Rs. 80,00,000/- was to be paid in equal monthly/quarterly/half yearly instalment on or before March 31, 2004. There was also a failure clause setting out the consequences of default in payment according to the time schedule. DRT passed an order in terms of the compromise. Undisputedly there was some default in payment. Since the appellant-bank took the view that there was non-compliance with the terms of the compromise/settlem















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