2001 Supreme(Raj) 949
Rajasthan High Court, Jaipur Bench
Honble P.P. NAOLEKAR & G.S. MISRA, JJ.
Punjab National Bank - Appellant
Versus
Purewell & Associates Ltd. - Respondents
D.B. Civil Special Appeal (Writ) No. 834 of 1999
Decided On : September 04, 2001
G.L. Sanghi, Sr. Advocate, with N.K. Maloo, Hari Shankar, Arvind Gupta & Satish Bijarnia for Appellant Bank Paras Kuhad with Sunil Nath, for Respondent
Headnote:Constitution of India, Art. 227 – Jurisdiction of the High Court under Article 227 – Whether the appeal lie under ordinance 18 of the Rajasthan High Court Ordinance, 1949 against the order passed by Single Judge in exercise of powers under Article 227 of the Constitution – Held – Power of Superintendence under Article 227 includes a power more than as provided in Article 226 – Under Article 226 High Court can only annual the decision of the order passed by Court below or tribunals whereas under Article 227 High Court not only can quash the order of the Courts below or tribunals but also can give further directions – Ordinance 18 read with Ordinance 43 of the Ordinance of 1949 does not debar High Court to entertain an appeal against the order passed by Single Judge in exercise of powers under Article 227 of the Constitution of India. (Paras 24,25,28 & 29)
The appeal under Ordinance 18 of the Ordinance of 1949 if maintainable. In all eventualities, if we hold that the order of the Single Judge is in exercise of Article 227 of the Constitution of India then, on our interpretation of Provision 18 of the Ordinance of 1949, intra- Court appeal lies in the High Court; if we hold that the order passed by the Single Judge is in exercise of Article 226/227 of the Constitution of India then also intra-Court appeal lies and, if it is a case of order being passed under Article 226 of the Constitution of India, appeal under Ordinance 18 of the Ordinance of 1949 is maintainable. For the reasons stated hereinabove, in all eventualities, appeal against the order dated 20.8.1999 of the Single Judge is maintainable under Ordinance 18 of the Ordinance of 1949. (Para 28)
(2). It is alleged by the respondent Company in the writ petitions that the respondent Company registered under the Companies Act, 1956 is carrying on the business of watch components and watch movement making at Solan District. In order to finance the project of the respondent Company, a Bridge Loan of Rs. 120 lacs was taken from the appellant Bank by the respondent Company. As the respondent company failed to pay the entire loan amount and the interest thereon the appellant Bank, the appellant Bank filed two civil suits in the High Court of Himachal Pradesh against the respondent Company bearing C.S. No. 53.1992 and 54/1992. Civil Suit No. 53/1992 was for Rs. 194.38 lacs and Civil Suit No. 54/1992 was for Rs. 741.91 lacs. During the pendency of the Civil Suits. Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Central Act No. 51 of 1993) was enacted under which Debt Recovery Tribunal for the States of Himachal Pradesh, Punjab, Haryana, Rajasthan and U.T. of Chandigarh was established at Jaipur. The High Court of Himachal Pradesh vide its order dated 25.11.1994 transferred both the civil suits to the Debt Recovery Tribunal, Jaipur where they were registered as O.A. No. 391/1996 and O.A. No. 500/1996.
(3). The respondent Company approached the appellant Bank to settle the dispute pending in both the suits and vide its letter of October, 1995 voluntarily offered a sum of Rs. 277.53 lacs to the appellant Bank to liquidate all the alleged outstanding against the respondent Company. In September, 1997 the appellant Bank asked the respondent Company to attend its zonal office at Chandigarh and as per the respondent Company the appellant Bank demanded a sum of Rs. 367 lacs for settling the dispute. The respondent Company accepted the offer and agreed to pay the amount so demanded and accordingly submitted a letter for payment of final amount of Rs. 367 lacs. Again the representative of the respondent Company was called by the Zonal Office of the appellant Bank and suggested that the settlement can take place at Rs. 375 lacs. In order to buy peace, the respondent Company consented to the said figure and submitted its acceptance letter dated 30.09.1997. The appellant Bank again called the respondent Company at its Zonal Office in the month of November, 1997 and a proposal was given to enhance the figure of Rs. 375 lacs to a total sum of Rs. 400 lacs. The respondent Company again accepted the proposal of the appellant Bank and gave its consent. Later on the respondent Company was informed by the respondent Banks Zonal Office, Chandigarh that the proposal of Rs. 400 lacs was finally recommended for approval of the Head Office at Delhi in December, 1998, thus, a compromise has been arrived at between the parties but still on 25th of May, 1998 the Executive Director of the appellant Bank i