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2023 (10) TMI 156 - SC - Indian LawsExtension of time limit - Seeking directions to Union Bank of India (original Appellant) to issue Sale letter in favour of the Applicant - whether the extension of time sought by the Applicant in the successive applications was permissible in the eye of law? - whether the Applicant had in fact complied with the orders passed by the Court from time to time in the said applications? HELD THAT:- It is well settled proposition of law that when a statute requires a particular thing to be done in a particular manner, it must be done in that manner or not at all, and other methods of performance are necessarily forbidden. In the instant case, out of the total bid amount of Rs.65.62 Crores finalized on the date of auction sale i.e., 11.11.2019, the Applicant had deposited an amount of Rs.31,20,50,000/- (Rupees Thirty-One Crores Twenty Lakhs Fifty Thousand) only with the bank and was required to deposit the balance amount with the authorized officer of the bank on or before the fifteenth day of the confirmation of sale of the subject property i.e., on or before 26.11.2019 as per Rule 9(4) of the said Rules. However, this Court while disposing of the said Civil Appeals in UNION BANK OF INDIA VERSUS RAJAT INFRASTRUCTURE PVT. LTD. & ORS. [2020 (3) TMI 76 - SUPREME COURT] permitted the Respondent No.6 (Applicant herein) to deposit the balance of sale amount till 20.03.2020 - the Applicant did not deposit the balance sale amount on or before 20.03.2020. Thereafter, the Applicant projecting the cause of Covid-19, sought extension of time for payment of the balance sale price by filing the M.A. No.894 of 2020. The court in UNION BANK OF INDIA VERSUS RAJAT INFRASTRUCTURE PVT. LTD. & ORS. [2020 (3) TMI 76 - SUPREME COURT], extended the date upto 30.04.2020, clarifying that no further extension shall be granted. The extension of time granted by the court vide the order dated 12.05.2020, which was selflimiting, had lapsed or expired at least by 30.04.2022 as per the version of the Appellant Bank. Thereafter, there was no order passed by the court specifically extending the time limit. Significantly, there is no clarification made by the Applicant M/s. Sunview Assets Pvt. Ltd., as to how the deposit of Rs.34,41,50,000/- on 22.07.2022 and the deposit of Rs.7,17,02,859.45/- on 26.08.2022 made with the Appellant Bank were in due compliance of the orders passed by the Court from time to time and particularly of the order dated 12.05.2020. The submission of the Applicant that this Court should treat the deposits made by the Applicant on 22.07.2022 and on 26.08.2022 as due compliance of the order dated 12.05.2020, extending the time limit by exercising the inherent powers of the Supreme Court under Article 142 of the Constitution of India or exercising the powers conferred on the court under Section 148 of the Civil Procedure Code, cannot be accepted in view of the statutory provision contained in Rule 9 of the said Rules - The plenary powers of the Supreme Court under Article 142 are inherent in nature and are complementary to those powers which are specifically conferred on the court by various statutes. These powers though are of a very wide amplitude to do complete justice between the parties, cannot be used to supplant the substantive law applicable to the case or to the cause under consideration of the court. There is nothing on record to suggest as to whether the Respondent No.1 – Rajat Infrastructure Pvt. Ltd. and Others had preferred any appeal before the DRAT in view of the order passed in UNION BANK OF INDIA VERSUS RAJAT INFRASTRUCTURE PVT. LTD. & ORS. [2020 (3) TMI 76 - SUPREME COURT], and if preferred whether the same is pending or not. There is also no clarity about the final outcome of the main Security Application preferred by the Respondent No.1 Rajat Infrastructure Pvt. Ltd. and Others before the DRT. The instant Miscellaneous Application being not maintainable cannot be entertained and deserves to be dismissed - Application dismissed.
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