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2025 DAILYLAW 1464 (CHH)

STATE BANK OF INDIA v. AKASH TRADERS AND OTHERS

FA/214/2006 · 2025-07-31

Shri Narendra Kumar Vyas

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Judgment text

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1 2025:CGHC:38149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR FA No. 214 of 2006 State Bank Of India, Constituted Under State Bank of India Act, 1985, Through Chief Manager, State Bank of India, Main Branch, Bilaspur,(C.G.) ……. Decree Holder ... Appellant versus 1 - Akash Traders Through Proprietor Vijay Kumar Pandey, Son Of Mohanlal Pandey, Aged About 33 Years, R/o. Sindhi Colony, Jarhabhatha, Bilaspur, District Bilaspur (C.G.)…….Judgment Debtor 2 - Vijay Kumar Pandey, Son Of Mohanlal Pandey, Aged About 33 Years, R/o. Sindhi Colony, Jarhabhatha, Balram Talkies Road, Bilaspur, District Bilaspur (C.G.)…….Judgment Debtor 3 - Khorbahra, Son Of Cholaram Sahu, Aged About 41 Years, R/o. Jarhabhatha, Bilaspur, District Bilaspur (C.G.)…….Judgment Debtor 4 - Smt. Nageshwari Pandey, Wife of Vijay Kumar Pandey, Aged 32 Years, R/o. Kasturba Nagar, Kududand, Bilaspur, District Bilaspur (C.G.) …….Objector 5 - Ritesh Pandey, Son Of Vijay Pandey, Aged About 15 Years, Minor Through Mother Smt. Nageshwari Pandey, R/o. Kasturba Nagar, Kududand, Bilaspur, District Bilaspur (C.G.)…….Objector ... Respondents For Appellant : Mr. Sudeep Agrawal, Advocate For Respondents No. 2, 4 & 5 : Mr. Pragalbha Sharma, Advocate along with Ms. Laxmi Gupta, Advocate BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.08.01 17:25:32 +0530 2 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 01.08.2025 1. This appeal has been preferred by the appellant against the order dated 31.08.2005 passed by the 9th Additional District Judge (F.T.C.), Bilaspur in Execution Case No. 9-B/2000 by which the objection raised by the respondents has been allowed by learned Executing Court by recording its finding that the property bearing Khasra No. 399/5 area 0.02 decimal has been exempted from execution proceedings situated at Kududand, Bilaspur. 2. Learned counsel for the respondent would submit that execution proceeding was going on and during pendency of the execution proceeding, a compromise has been arrived between the parties before the Lok Adalat on 08.08.2015. The relevant part of the award/decree reads as under:- ^*,okMZ@fMØh %& fMØhnkj LVsV cSad vkQ bafM;k eq[; ‘kk[kk fcykliqj N-x- ,oa en;wu fMØhx.k ds e/; _.k jkf’k esa ls 140]100 :i;s esa jkthuke gks x;k gS o en;wu fMØh }kjk mijksDr ‘krksZ ij jkf’k 140]000 :- dk Hkqxrku djuk Lohdkj dj 50]000 :i;s uxn cSad esa tek dj fn;s gS o ‘ks”k jkf’k 90100 :i;s dks iksLVMsVsM pSd fMØhnkj cSad dks iznku dj fn;k gSk^* 3. In pursuance of the award/decree passed by the Lok Adalat, the State Bank of India has closed the account No. 10826338505 recognizing the order of the Bank Adalat held on 24.09.2015. 4. Considering the aforesaid submission that decree has already been executed, therefore, nothing is required to be adjudicated by this Court at this juncture 3 5. Consequently, the instant second appeal is disposed of in terms of compromise arrived at between the parties. However, the appellant/Bank is at liberty to take further action if still amount is due to them. Sd/- (Narendra Kumar Vyas) Judge Bhumika