MANAGING DIRECTOR, U.P. RAJYA SAHAKARI KRISHI EVAM GRAMYA VIKAS BANK LTD AND ANR Vs. SUBHASH CHANDRA AWASTHI AND ANR.

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

Appeal (Civil), 10868 of 2016, Judgment Date: Nov 11, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.10868 OF 2016
            (Arising out of SLP(C)No.33674/2016 @ CC 20729/2016)


       MANAGING DIRECTOR, U.P. RAJYA SAHAKARI
        KRISHI EVAM GRAMYA VIKAS BANK LTD &
        ANR.                                       ... APPELLANT(S)

                                 VS.

       SUBHASH CHANDRA AWASTHI & ANR.             ... RESPONDENT(S)

                         J U D G M E N T

ANIL R. DAVE, J.

            Delay condoned.   Leave granted.

1.    Heard the learned counsel  for  the  appellants.   He  has  drawn  our
attention to a judgment of this Court delivered on 31st  January,  2013,  in
Civil Appeal No.8415/2009 in  the  case  of  Assistant  Engineer,  Rajasthan
Development Corporation & Anr. Vs. Gitam Singh, reported  in  (2013)  5  SCC
136.
2.    Looking at the facts of the present case, in our opinion,  Rs.75,000/-
(Rupees Seventy Five Thousand only) would be the  just  compensation,  which
might be paid to Respondent No.1 by the appellants.
3.    The appellants shall give an 'Account Payee  Cheque'  for  Rs.75,000/-
(Rupees Seventy Five Thousand only) to  Respondent  No.1  towards  full  and
final payment for the amount, which might be payable  to  him.   The  cheque
will be sent to Respondent No.1 through speed post  within  two  weeks  from
today along with a copy of this order.
4.    If Respondent  No.1  is  agreeable  to  receive  the  amount  in  full
settlement of all his claims against the appellants,  he  shall  accept  the
cheque.
5.    If Respondent No.1 is not prepared  to  accept  the  said  amount,  it
would be open to him to approach this Court by way  of  an  application,  so
that the matter can be reconsidered and in that event, he shall  return  the
cheque to the appellants.
6.    In view of the above order, the impugned order is set  aside  and  the
appeal is allowed.  No costs.


                                                             .............J.
                                                          [ANIL R. DAVE]


                                                          ................J.
                                                       [A.M. KHANWILKAR]
New Delhi;
11th November, 2016.