Disposed

Mr. Surendra Singh Jaiswal v. Canara Bank and Anr.

Bombay HC9 Oct 2024FA/296/2024

Case brief

AI extract

What is this about?

First appeal against a decree in a suit involving Canara Bank was amicably settled. The appellant paid Rs. 1,07,184 by demand draft in full and final settlement; the bank acknowledged satisfaction and returned the original sale agreement of the mortgaged flat. The appeal was disposed of accordingly.

What did the court decide?

Appeal disposed on settlement; demand draft of Rs. 1,07,184 accepted; original sale agreement returned; NOC and receipt to be handed over within one week.

Mr. Surendra Singh Jaiswal vs Canara Bank and Anr. — Banking and Recovery | Bombay HC (2024)

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2024:BHC-AS:42812

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3-FA-296-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 296 OF 2024 WITH INTERIM APPLICATION NO.637 OF 2024 WITH

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CIVIL APPLICATION NO.1305 OF 2019

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Mr. Surendra Singh Jaiswal ...Appellant/ Applicant

Versus

Canara Bank And Anr.

...Respondents.

Adv. Siddharth Sumantray i/b Mahesh K. Shah for the Appellant. Adv. Sarswati Rajpurohit i/b Representative of Respondent Bank Mr. Promod Kumar Vishwakarma (Chief Manager.

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——————

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Coram : Sharmila U. Deshmukh, J. Date : October 22, 2024.

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P. C. :

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1. The dispute came to be amicably settled between the parties. The Appellant herein has handed over a demand draft No. 124935451 dated 19^th October, 2024 for a sum of Rs. 1,07,184/- drawn in favour of the Respondent i.e. Canara Bank in full and final settlement of the decree impugned in the present case i.e. decree dated 19^th August, 2017 passed in Suit No. 4149 of 2010 by the Bombay City Civil Court at Bombay.

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2. Mr. Pramod Kumar Vishwakarma appears in-person on behalf of the Respondent Bank and acknowledges the receipts of the Demand Draft and the satisfaction of the impugned judgment and decree. The

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1 of 2

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Harish

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3-FA-296-2024.doc

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said official has also handed over the original agreement of sale in respect of mortgaged flat to the Appellant who is present in-person. His identity is verified by his Advocate on record.

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3. Learned counsel for the Respondent Bank submits that the No Objection Letter from M/s. Moraj Construction Pvt. Ltd. dated 29^th December, 2001 as well as the receipt dated 28^th June, 2001 for payment of Rs. 11,400/- to the Government for registration which was submitted to the Respondent along with No Dues Certificate will be handed over to the Appellant within a period of one week from today. 4. Appeal stands disposed of in the above terms.

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[Sharmila U. Deshmukh, J.]

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Harish

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Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 25/10/2024 17:49:35

Mr. Surendra Singh Jaiswal v. Canara Bank and Anr.

Case brief

What is this about?

What did the court decide?

Mr. Surendra Singh Jaiswal v. Canara Bank and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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