AGYAPAUL SINGH Vs. STATE BANK OF INDIA
LAWS(SC)-2017-1-92
SUPREME COURT OF INDIA
Decided on January 23,2017

Agyapaul Singh Appellant
VERSUS
STATE BANK OF INDIA Respondents

JUDGEMENT

KURIAN,J. - (1.) Leave granted.
(2.) In the peculiar facts of this case, it is not necessary to issue notice to the respondent.
(3.) The appellant is aggrieved by the impugned order dated 23.12.2016 passed by the High Court of Punjab and Haryana in COCP No. 2084 of 2016. According to the High Court, the appellant is to be proceeded against for violating the order dated 01.06.2016 passed by the High Court. The order dated 01.06.2016 reads as follows :- "The petition is allowed to be withdrawn with liberty to avail the alternate remedy under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act). 2. The only concession that we are inclined to grant to the petitioners an opportunity to make an application for interim reliefs before the Debts Recovery Tribunal. For this purpose alone we direct the bank not to encash the cheque dated 25.06.2016 till 25.07.2016 and further direct that the District Magistrate, Ludhiana shall adjourn the hearing of the application under Section 14 of the SARFAESI Act till 31.07.2016. This is in view of the express undertaking given to the Court that the cheque will be honoured upon presentation on or after 25.07.2016.";


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