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Indian Bank Vs. Basheer M. Picha [18/09/15]

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[Civil Appeal No.8223 of 2015 arising out of SLP (C) No.18862 of 2013]. We have considered the peculiar facts and chequered history of the case. We have also noted the fact that the respondent-borrowers and guarantors did not make payment to the appellant-Bank, though, admittedly the amount was due and payable. We have gone through the papers and the order passed in OP (DRT) No.3160/2011 by the High Court, wherefrom we find that the respondents were ready and willing to settle the matter by making a further payment of Rs.2 crores (Rupees Two Crores only) in addition to whatever amount had been paid/deposited by the guarantors and the borrowers and the said offer was almost accepted in principle by the appellant Bank. The said offer was given by the respondent-guarantors on 1st February, 2013 and much time has passed thereafter. In the circumstances, looking at the facts of the case, so as to bring an end to the litigation, we direct that a further sum of Rs. 2.5 crores shall be paid by the respondents-guarantors and 50% of the said amount shall be paid before 31st December, 2015 and the remaining amount shall be paid before 31st March, 2016.

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