Gujarat High Court Case Information System
Print
SCA/3091620/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 30916 of 2007
=========================================================
PARIMAL
AMBALAL PATEL - Petitioner(s)
Versus
GUJARAT
STATE FINANCIAL CORPN.THROUGH MANAGING DIRECTOR & 1 -
Respondent(s)
=========================================================
Appearance
:
MR
RS SANJANWALA for
Petitioner(s) : 1,
MR SANJAY A MEHTA for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 12/09/2008
ORAL
ORDER
1. Heard
Mr.Sanjanwala for the petitioner and Mr.Mehta for the respondents.
Prima facie, it appears that after the communication of One Time
Settlement Scheme, the petitioner had to deposit the amount of
Rs.16,000/- + the installment as per the scheme, total Rs.1,16,595/-.
As against the same, it is an admitted position that the petitioner
has already deposited the amount of Rs.1,37,000/-.
2. Mr.Mehta,
learned counsel appearing for the respondent-corporation contended
that the amount of Rs.12,000/- was not accepted being part payment of
One Time Settlement Scheme but was accepted towards outstanding dues.
3. If
the amount is tendered by the petitioner specifically towards One
Time Settlement Scheme and if it was not acceptable to GSFC, it was
required for the GSFC to return the amount and to proceed for
recovery in normal manner but once having accepted the said amount,
the principles of promissory estoppal may operate against the GSFC.
In any case, the said aspect shall be finalised at the time of final
hearing.
4. The
question as to whether GSFC once having accepted the payment in part
on the proposal of One Time Settlement can be permitted to repudiate,
will be decided at the time of final hearing. In any case, as
observed earlier, more than full amount of One Time Settlement Scheme
is already paid by the petitioner and, therefore, if the property is
sold in the meantime, it would create irreversible situation.
5. Hence,
RULE returnable on 21.01.2009.
Ad-interim relief granted earlier shall continue as the interim
relief.
(JAYANT
PATEL, J.)
Hitesh
Top