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2015 Supreme(SC) 146

VIKRAMAJIT SEN, ARUN MISHRA
NATIONAL BANK LIMITED – Appellant
Versus
GHANSHYAM DAS AGARWAL – Respondent


JUDGMENT

VIKRAMAJIT SEN, J.

1. Notice was ordered in the Special Leave Petition (now Appeal) on 9th July, 2007, but while doing so, this Court had specifically clarified that:

“Pending further orders the impugned order passed by the High Court shall continue to operate”. The impugned Order decreed the suit filed by Ghanshyam Das Agarwal, who is hereinafter referred to as ‘the Exporter’, for a sum of USD 352,250 against the Appellant Bank (Defendant No. 3 before the Trial Court/Single Judge) in favour of the Bank of India, which is the Exporter's Bank. The remaining claim has been relegated for Trial. The impugned Order further clarifies that upon the payment of these decreetal dues the injunction granted by the Debt Recovery Tribunal by its Order dated April 10, 2002 shall stand vacated; and upon this payment the Orders of injunction passed by the Calcutta High Court on 22nd December, 1999 and 14th January, 2000 shall also stand vacated. The impugned Order goes further to state that the decreetal amount shall be satisfied from out of the funds lying with the American Express Bank Limited, Defendant No. 2. To this extent the decreetal amount also stands satisfied. It also transpires th















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