SUPREME COURT OF INDIA
Anil R. Dave and Kurian Joseph, JJ.
Anilrao Kalajerao Babar – Appellant
Vs.
Sangli District Central Cooperative Bank Ltd. and Ors. – Respondent
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)
Decided On : 07-04-2015
Debts Recovery Tribunal - Disputed questions of fact - The court directed the Appellant and Respondent Nos. 5-18 to approach the Debts Recovery Tribunal for ventilating the grievance, with ad-interim relief remaining in force for six weeks. The DRT was instructed not to raise any question with regard to the limitation if approached within two weeks, and to decide any interim relief application within four weeks. The Tribunal was also directed to decide the proceedings without being influenced by any previous observations or relief granted by the High Court or the Supreme Court.
Fact of the Case:
The court directed the parties to approach the Debts Recovery Tribunal for ventilating the grievance of Yashwant Sahakari Sakhar Karkhana Ltd., with ad-interim relief remaining in force for six weeks.
Finding of the Court:
The court found that disputed questions of fact were involved and directed the parties to approach the Debts Recovery Tribunal, with specific instructions regarding the ad-interim relief and the Tribunal's handling of the proceedings.
Issues: Disputed questions of fact, approach to the Debts Recovery Tribunal, ad-interim relief, and Tribunal's handling of the proceedings.
Ratio Decidendi: The court's decision was based on the need to address disputed questions of fact and to provide a proper forum for ventilating the grievance, while ensuring the proper handling of the proceedings by the Debts Recovery Tribunal.
Final Decision: The Civil Appeal was disposed of with specific directions for the parties to approach the Debts Recovery Tribunal and for the handling of the proceedings by the Tribunal. The Contempt Petition was disposed of in view of the order passed in the Civil Appeal.
JUDGMENT
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.
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