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2006 DIGILAW 1080 (SC)

Punjab & Sind Banking Co. Ltd. , New Delhi v. Chandra Estate Ltd.

2006-09-19

A.K.MATHUR, AR.LAKSHMANAN

body2006
ORDER : 1. Heard learned counsel for all parties in extenso. We have perused the entire pleadings and the impugned judgment dated 20.5.1999 of the Delhi High Court and also order of the Debt Recovery Tribunal, Delhi. 2. In our opinion, M/s. Chandra Estate Ltd., the respondent no.1 herein, is not a necessary and proper party for the effectual and proper adjudication of the issues raised in the application filed by the Punjab & Sind Bank before the Debt Recovery Tribunal, Delhi. This apart, the suit filed by the Bank has already been decided and the decree has been passed in favour of the Bank. The application to implead had been filed before the Tribunal after the disposal of the suit. It is stated by the learned counsel for the first respondent that M/s. Tej Properties Pvt. Ltd.. respondent no.2 herein, has entered into agreement for sale of the mortgaged properties with respondent no.1 herein. If that is so, it is for the respondent no.1 to pursue the same in accordance with law. It is also stated that respondent no.1 has also filed Suit for specific performance and the suit is pending. Therefore, it is for the first respondent to pursue the said remedy before the appropriate forum. We also make it clear that any finding and observation made by the Court and the Debt Recovery Tribunal with respect to the agreement entered into between respondent no.1 and respondent no.2 will not adversely affect the rights and contentions of either party. 3. The impugned judgment and order dated 20.5.1999 of the High Court of Delhi impugned in this appeal is set aside. The Civil Appeal stands allowed with no orders as to costs.