M/S. APJ LABORATORIES PVT.LTD. Vs. UNION OF INDIA AND ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Writ Petition (Civil), 595 of 2016, Judgment Date: Sep 14, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

                      WRIT PETITION (C) NO. 595 OF 2016


      M/S. APJ LABORATORIES PVT.LTD.                    PETITIONER

                                     VERSUS

     UNION OF INDIA AND ORS.                           RESPONDENTS


                                J U D G M E N T

      KURIAN,J.

1.    When this Writ Petition came up  for  admission  on  29.07.2016,  this
court passed the following order:

      “Issue notice.
       In the meantime, there shall  be  stay  of  further  proceedings  for
auction of the property taken from the petitioner on a  condition  that  the
petitioner  shall  deposit  75%  of  the  dues  as  on  31.03.2016  in   two
instalments.  The first instalment of 50% of  the  dues  shall  be  remitted
within six weeks from today and the balance 25%  shall  be  remitted  within
another six weeks.
      Post after six weeks, so as to see whether  the  first  instalment  is
remitted or not.
      It is made clear that in case the first  instalment  is  not  remitted
within six weeks from today, as  ordered,  the  writ  petition  shall  stand
dismissed without further reference to the Court.”

2.    Today we are informed that the petitioner could  not  however,  comply
with the conditions in the above order.   Therefore, in terms  of  the  said
order writ petition is dismissed.
                                    - 2 -

3.    However, we make it clear that dismissal of the  writ  petition  shall
not stand in the way of the petitioner, availing  one  time  settlement,  if
available, with the bank.

                                                       ...................J.
                                                          [KURIAN JOSEPH]


                                                      ....................J.
                                                  [ROHINTON FALI NARIMAN]
 NEW DELHI;
 SEPTEMBER 14, 2016