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2003 Supreme(SC) 1262

S.RAJENDRA BABU, G.P.MATHUR
Bank of Baroda – Appellant
Versus
Sadruddin Hasan Daya – Respondent


JUDGMENT

G.P. Mathur, J.-This petition has been preferred by Bank of Baroda for initiating contempt proceedings against the respondents; Sadruddin Hasan Daya and Shohin S. Daya. The facts leading to the filing of the contempt petition are as under.

2. The Bank of Baroda filed Summary Suit No.2949 of 1996 against (1) M/s Dawood & Co. (2) Sadruddin Hasan Daya and (3) Shohin S. Daya for recovery of certain amount of money. The respondents were granted unconditional leave to defend the suit by the order dated 15.4.1998 passed in Summons for Judgment No.580 of 1996. This order was challenged by the petitioner Bank of Baroda by filing Special Leave Petition (Civil) No.2730 of 1999, which was renumbered as Civil Appeal No.4138 of 1999. During the pendency of the Appeal, the parties arrived at a settlement, the minutes of the decree were drawn and the same were placed on record. By the order dated 28.7.1999, the appeal was disposed of with a direction that there shall be a decree in terms of the minutes of the decree drawn by learned counsel for the parties. As per the said consent terms the parties, inter alia, agreed that the respondents (defendants) would pay to the petitioner (plaintiff)











































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