THE UNITED COMMERCIAL BANK & ANR. Vs. GANGADHAR MOHANTY & ANR.

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

Appeal (Civil), 10948 of 2016, Judgment Date: Nov 18, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                       CIVIL APPEAL NO. 10948 OF 2016
                 (Arising out of SLP ( C) No. 22869 of 2014)


      THE UNITED COMMERCIAL BANK & ANR.                  APPELLANTS

                                   VERSUS

      GANGADHAR MOHANTY & ANR.                          RESPONDENTS

                               J U D G M E N T

      KURIAN,J.

      1     Leave granted.

      2     The  appellant-Bank  approached  this  Court  aggrieved  by  the
impugned order dated 17.07.2014 which reads as follows :

      “This Court directs the Zonal manager, UCO bank to file  an  affidavit
to the effect that in no case compromise has been done where  the  value  of
the property is more than the value of outstanding amount.
       List this matter next week.”

3     Heard the learned counsel for the  appellants  and  respondents.   The
parties have fairly submitted that the matter can go back to the High  Court
without insisting for the  affidavit.   Therefore,  without  expressing  any
opinion on the merits of the case, we set  aside  the  order  as   extracted
above  and remit the  matter to the
                                    - 2 -

High Court.  The High Court is requested to dispose of the writ petition  on
or before 31.03.2017.
4.    In view of the above observations, the  appeal  is  disposed  of.   No
costs.

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

                                                   ....................J.
                                              [ROHINTON FALI NARIMAN]
NEW DELHI;
NOVEMBER 18, 2016