Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2020 (5) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (5) TMI 700 - SC - Indian LawsSeeking direction to the Appellant-Bank to pay his lawful admitted claims in terms of agreement - seeking also to deposit the income-tax papers with immediate effect - HELD THAT:- The case set up by the Respondent No. 1 in the writ petition is neither an admitted position nor is it possible to even remotely suggest that it is indisputable, so as to bind the Appellant-Bank on that basis. Moreover, from the narration of facts, it is more than clear that it would involve scrutiny of complex matters and issues including about the existence of the very agreement, which is the foundational evidence for seeking relief as prayed in the writ petition. In that, the genuineness and existence of the stated agreement has been put in issue by the Appellant-Bank and which is made good on the basis of affidavits of concerned Bank officials and even supported by the report of the District Magistrate referred to in his affidavit dated 5.5.2016. In the facts of the present case, the High Court should have been loath to entertain the writ petition filed by the Respondent No. 1 and should have relegated the Respondent No. 1 to appropriate remedy for adjudication of all contentious issues between the parties. Appeal allowed.
|