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India Mica and Micanite Industries Limited Vs. State of Bihar and ors - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1445 (N) of 1970
Judge
Reported in(1982)3SCC182
ActsCode Of Civil Procedure (CPC), 1908 - Order 34 Rule 8
AppellantIndia Mica and Micanite Industries Limited
RespondentState of Bihar and ors
Excerpt:
.....shall proceed to be disposed of in accordance with..........states that he is not in a position to say as to what exactly is the amount due from the appellant now but he has no objection if the appellant undertakes to pay the balance within such time as the court thinks reasonable to grant. on the facts and in the circumstances of this case we direct that the balance of the amount would be quantified either by agreement of the parties within three months from today or by the certificate officer within three months thereafter. the appellant must pay the entire balance due, together with interest if any, within one year from the date of the quantification of the amount either by agreement of the parties or by the certificate officer. in view of the undertaking given to this court as aforesaid this appeal is dismissed as withdrawn without any.....
Judgment:

N.L. Untwalia,; P.N. Shinghal and; V.D. Tulzapurkar, JJ.

1. In this case certificate proceedings were started against the appellant for recovery of a large amount of mortgage loan and interest. Mr S.K. Sinha, appearing for the appellant informs us that a major portion of the amount lias been recovered or paid. Only a small portion remains to be paid now. He, therefore, prayed for a year's time to pay the balance due. Mr B.P. Singh appearing for the respondent State states that he is not in a position to say as to what exactly is the amount due from the appellant now but he has no objection if the appellant undertakes to pay the balance within such time as the court thinks reasonable to grant. On the facts and in the circumstances of this case we direct that the balance of the amount would be quantified either by agreement of the parties within three months from today or by the Certificate Officer within three months thereafter. The appellant must pay the entire balance due, together with interest if any, within one year from the date of the quantification of the amount either by agreement of the parties or by the Certificate Officer. In view of the undertaking given to this Court as aforesaid this appeal is dismissed as withdrawn without any order as to costs. In case of default of the appellant to pay the entire balance of the dues the certificate proceedings shall proceed to be disposed of in accordance with law.


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