4138 of 1999 The Judgrnent of the Court was delivered by P. MATHUR, J. l. This petition has been preferred by Bank of Baroda for initiating companytempt proceedings against the respondents Sadruddin Hasan Daya and Shohin S. Daya.
By the order dated 28.7.1999, the appeal was disposed of with a direction that there shall be a decree in terms of the minutes of the decree drawn by learned companynsel for the parties.
2949 of 1996 against 1 M s Dawood Co. 2 Sadruddin Hasan Daya and 3 Shohin S. Daya for recovery of certain amount of money.
2003 Supp 6 SCR 764 IN Civil Appeal No.
As per the said companysent terms the parties, inter alia, agreed that the respondents defendants would pay to the petitioner plaintiff Rs.
2730 of 1999, which was renumbered as Civil Appeal No.
2,44,71,616 and Rs.
The Defendants undertake number to sell, mortgage, alienate, encumber or charge the said properties described hereinabove to anyone until the decree as per Clause 2 above is satisfied.
This order was challenged by the petitioner Bank of Baroda by filing Special Leave Petition Civil No.
2949 of 1996 and the proceedings therein including the Summons for Judgment No.All the orders passed in Suit No.
4138 of 1999.
2,40,69,447 together with interest thereon as specified, in accordance with the schedule of instalments mentioned in paras 3 a and 4 a respectively of the said order.
580 of 1996.
The facts leading to the filing of the companytempt petition are as under.
It was further agreed between the parties that in the event of default by the respondents to abide by the said companysent terms as per Clauses 3 and 4, the remaining amount shall forthwith become due and payable and the petitioner plaintiff will become entitled to execute the decree.
During the pendency of the Appeal, the parties arrived at a settlement, the minutes of the decree were drawn and the same were placed on record.
The respondents were granted unconditional leave to defend the suit by the order dated 15.4.1998 passed in Summons for Judgrnent No.
The Bank of Baroda filed Summary Suit No.
