VidhiSangh

Supreme Court of India · 20/08/2019

M/S KUT ENERGY PVT. LTD. & ORS. versus THE AUTHORIZED OFFICER, PUNJAB NATIONAL BANK, LARGE CORPORATE BRANCH, LUDHIANA & ORS.

[2019] 10 S.C.R. 736 · 2019 INSC 928

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Summary

The Court ordered refund of Rs.40 crores deposited to demonstrate the borrowers’ bona fides for a proposed settlement under a High Court order later set aside. The deposit was expressly treated as money with the court registry, not payment of the debt or a secured asset. The bank could not retain it through a general lien or merely because further recovery proceedings remained pending.

Issues

  1. Whether the bank could retain or appropriate the court-directed bona fides deposit after rejection of the settlement and setting aside of the writ orders.

Provisions considered

Held

Result

Appeals allowed without costs; High Court order dated 19 March 2019 set aside. Rs.40 crore deposit to be returned to the appellants within two weeks with interest, if any, accrued on it. Loan liability itself not adjudicated.

Judgment PDF: Supreme Court of India, [2019] 10 S.C.R. 736.