AI Overview...
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Outstanding Amount Disputes - Several cases highlight disputes over the correctness or existence of outstanding amounts. For example, in SANJAY SINGH VS CENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD. - Supreme Court, the appellants tendered Rs.5,13,850/- which was rejected by the respondent unless interest at 24% was included. Similarly, in Deepak Bhandari VS Himachal Pradesh State Industrial Development Corporation Limited - Supreme Court, a large amount remained outstanding, leading to a recovery suit. In KOLIKKAL GRANITE INDUSTRIES Vs BRANCH MANAGER,CANARA BANK,SME BRANCH - Kerala, the court emphasized that factual disputes regarding the amount due are to be resolved in appropriate forums, not through writ petitions. Sudhir Kumar Saha VS State of Jharkhand - Jharkhand involved non-payment of leave encashment on outstanding earned leave, with courts directing the respondent to decide on the claim. RAKESH SHARMA VS CENTRAL BANK OF INDIA NAV YUG MARKET - Allahabad saw a petitioner challenging a bank notice after paying full dues, with courts noting the absence of outstanding amounts. HARDEEP SINGH VS DISTRICT OFFICER magistrate, fatehpur - Supreme Court involved recovery of arrears after mining lease operations, upheld by the High Court. N. S. Krishna Iyer VS Subramania Mooppanar and others - Madras discussed property restitution where the appellant could pay the outstanding amount, which was partially paid. MSD REAL ESTATE LLP VS COLLECTOR OF STAMPS - Supreme Court involved a penalty demand against property, which was mitigated after deposit. NARENDER ANAND VS MARUTI UDYOG LIMITED - Dishonour Of Cheque clarified that dishonored cheques were not due to outstanding liabilities, as the account showed no pending amounts except for wiped-out sales tax. Amar Alcoholi LTD. VS SICOM - Supreme Court acknowledged recovery of the outstanding amount from property sale, with the High Court permitting withdrawal of deposited funds.
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Nature of Outstanding Amount - The sources illustrate that disputes often revolve around whether the amount is genuinely outstanding, the correctness of the calculation, or whether the amount has been paid. Courts generally emphasize that factual disputes about the actual amount due should be resolved in appropriate tribunals or courts, not through writ petitions. In cases like KOLIKKAL GRANITE INDUSTRIES Vs BRANCH MANAGER,CANARA BANK,SME BRANCH - Kerala, the court ruled that factual determination of the amount is not suitable for writ jurisdiction.
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Legal and Procedural Insights - Courts have consistently held that when disputes involve the factual existence or correctness of outstanding amounts, they should be settled through civil suits or appropriate proceedings rather than writ petitions KOLIKKAL GRANITE INDUSTRIES Vs BRANCH MANAGER,CANARA BANK,SME BRANCH - Kerala. Additionally, if payments are made and the account shows no pending dues, notices or claims for outstanding amounts may be challenged successfully RAKESH SHARMA VS CENTRAL BANK OF INDIA NAV YUG MARKET - Allahabad.
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Conclusion - The key insight is that disputes over high outstanding amounts require factual resolution in proper forums. Courts discourage using writ petitions for such disputes unless the issue pertains to legal rights or procedural violations. Proper documentation, proof of payments, and clear account statements are crucial in contesting or confirming outstanding dues.
References: - SANJAY SINGH VS CENTRAL HIMALAYAN LAND DEVELOPMENT CO. LTD. - Supreme Court - Deepak Bhandari VS Himachal Pradesh State Industrial Development Corporation Limited - Supreme Court - KOLIKKAL GRANITE INDUSTRIES Vs BRANCH MANAGER,CANARA BANK,SME BRANCH - Kerala - Sudhir Kumar Saha VS State of Jharkhand - Jharkhand - RAKESH SHARMA VS CENTRAL BANK OF INDIA NAV YUG MARKET - Allahabad - HARDEEP SINGH VS DISTRICT OFFICER magistrate, fatehpur - Supreme Court - N. S. Krishna Iyer VS Subramania Mooppanar and others - Madras - MSD REAL ESTATE LLP VS COLLECTOR OF STAMPS - Supreme Court - NARENDER ANAND VS MARUTI UDYOG LIMITED - Dishonour Of Cheque - Amar Alcoholi LTD. VS SICOM - Supreme Court
Search Results for "St on Outstanding Amount High"
2019 3 Supreme 316 • India - Supreme Court
UDAY UMESH LALIT, ASHOK BHUSHAN
Order 37 Rule 1 – Money suit – Booking of residential plot – Demand of interest on outstanding ... Amount of Rs.5,13,850/-was tendered by appellants but cheque was returned by respondent. ... A Consumer Complaint was filed by the appellants being CC/110/2008 against the respondent submitting that though the outstanding amount was tendered by the appellants on 18.10.2007, the respondent refused to accept the same unless the principal sum was accompanied with interest @ 24% and that the project ... As per record, the #HL_S....
2014 0 Supreme(SC) 69 • India - Supreme Court
K.S.RADHAKRISHNAN, A.K.SIKRI
However still a huge amount remained outstanding. ... ... The Corpn. filed a suit for recovery of the outstanding amount which ... remains outstanding. ... outstanding against the Company. ... amount. ... amount. ... at the rate of 12% from the date of filing of suit till the realization of the said amount. ... The Division Bench of the High Court answered the question by holding that the suit for balance #HL_STAR....
2010 Supreme(Online)(KER) 30692 • India - High Court of Kerala
J.CHELAMESWAR, CJ, P.R.RAMAN, J
Issues: Whether the appropriate forum for resolving the factual dispute regarding the outstanding loan amount is the High ... The appellant challenged the proceedings in court, disputing the outstanding amount claimed by the bank. ... Ratio Decidendi: The court ruled that disputes involving factual determinations, such as the amount due, are not within the ... The entire dispute, both in the writ petition and in this writ appeal, is regarding the actual amount of mo....
2016 0 Supreme(Jhk) 1434 • India - Jharkhand
PRAMATH PATNAIK
encashment amount on the earned leave outstanding against them, citing a judgment in a similar case. ... Issues: Non-payment of leave encashment amount on earned leave outstanding against the retired teachers from a Minority Aided ... Leave Encashment - Minority Aided High School - The court directed the respondent to decide on the grant of leave encashment amount ... In the present writ application, the grievance of the petitioners is in relation to non-payment of leave encashment #H....
2015 0 Supreme(All) 489 • India - Allahabad
TARUN AGARWALA, AMAR SINGH CHAUHAN
amount of loan and prayed for quashing notice—It was admitted by bank that now there is no outstanding amount of loan on petitioner—As ... thereafter—Notice under Section 13(4) issued by bank—He challenged notice by filing writ petition, asserting that he has paid entire outstanding ... Bank of India—Elaborating these guidelines, High Court found that bank acted against it. ... Sri S.Tiwari, learned counsel for the respondent bank was directed to receive instructions who has informed that as on date the....
2004 0 Supreme(SC) 54 • India - Supreme Court
amount- Writ Petition of the appellant dismissed by the High Court- Order of the High Court upheld. ... Mining lease- Outstanding arrears consequent upon operation of the mines- The lessee but by the appellant ... such finding, the Revenue Recovery Certificate was issued to proceed against the lessee and the appellant for the recovery of the outstanding ... Based on such finding, the Revenue Recovery Certificate was directed to be issued by the Collector and District Magistrate to the In-charge Authorit....
1962 0 Supreme(Mad) 292 • India - Madras
S.RAMACHANDRA.IYER
The court held that the appellant was entitled to restitution of the property as he would have been able to pay the outstanding amount ... amount if the execution was restricted to the amount as decreed by the High Court. ... if the execution was restricted to the amount as decreed by the High Court. ... It is admitted that he had paid on various dates sums amounting to about Rs. 3500/-, but as the amount under the decree then outstanding#H....
2020 5 Supreme 726 • India - Supreme Court
ASHOK BHUSHAN, R.SUBHASH REDDY, M.R.SHAH
Tehsildar(Recovery) demanding outstanding amount – In view of deposit made by appellant towards penalty, appellant is free to apply ... of penalty which was outstanding against property and which was subject matter of gift deed – High Court has rightly not interfered ... penalty which was outstanding against the property and which was subject matter of the gift deed dated 21.04.2005. ... was issued by the Collector of Stamps that cheques of total amount has been received and no stamp d....
• India - Dishonour Of Cheque
K.MEHRA
Act because there was no outstanding amount or liability for which the cheques were dishonoured. ... the statement of account filed by the respondent, which showed no outstanding amount except for sales tax liability that was wiped ... by the respondent, which showed no outstanding amount except for sales tax liability that was wiped out by the submission of C-Forms ... due and outstanding. ... The said statement does not show any amounts o....
2005 8 Supreme 683 • India - Supreme Court
ASHOK BHAN, ALTAMAS KABIR
(Para 20) ... It was admitted before the High Court that outstanding ... amount had been recovered from the sale of the appellant’s property. ... to the interim order of the High Court. ... It was admitted before the High Court that outstanding amount had been recovered from the sale of the appellant’s property. In view of this, the High Court had permitted the appellant to withdraw the sum of Rs. 25 lakhs deposited by the appellant in pursuance to t....
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