M/S Rajesh Kumar Sharma vs. State Bank Of INDIA
Held
The Court noted the submissions made by the learned counsel for both parties, indicating that an amicable settlement had been reached. Specifically, it was stated that the bank was prepared to release the amount of Rs. 4,98,000 to the petitioner, albeit without any interest. In light of this mutual agreement and settlement between the parties, the High Court disposed of the writ petition. The order explicitly stated that the petition was disposed of by placing on record the aforesaid settlement, which would be binding on both the petitioner and the respondents. Any pending applications related to the petition were also disposed of as a consequence of the settlement.
Facts
The petitioner, M/s Rajesh Kumar Sharma, filed a writ petition before the High Court of Rajasthan, Bench at Jaipur. The respondents were the State Bank of India, the Union of India (through the Assistant Commissioner, CGST Division-F), and the State of Rajasthan (through the Chief Commissioner, Commercial Tax Department). The dispute involved an amount of Rs. 4,98,000. The parties have amicably settled their dispute. The bank has agreed to release the aforementioned amount to the petitioner without any interest.
Key Issues
1. Whether the parties have reached an amicable settlement regarding the disputed amount of Rs. 4,98,000? (Question of fact) 2. Whether the settlement reached between the petitioner and the bank, wherein the bank agrees to release Rs. 4,98,000 without interest, is binding on the parties? (Question of law and fact) Petitioner's Contention: The petitioner, through their counsel, has indicated that a settlement has been reached. The specific terms of the settlement, as presented to the court, are that the bank will release Rs. 4,98,000 to the petitioner without interest. Respondents' Contention: The counsel for the respondents have also submitted that the parties have amicably settled their dispute. They have confirmed the bank's willingness to release the amount of Rs. 4,98,000 without interest.
AI-generated summary — verify with the full judgment below
[2024:RJ-JP:49931-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 9036/2024 M/s Rajesh Kumar Sharma, Opposite Gomti Mission School, Indra Colony, Karauli, Rajasthan Through Its Proprietor Mr. Rajesh Kumar Sharma, S/o Shri Ramkhiladi Sharma, Aged About 50 Years, R/o Village -Pahadi, Gudla, Karauli-322241 (Rajasthan) ----Petitioner Versus
State Bank Of India, Through The Branch Manager Hindaun Darwaja, Karauli 322241 (Raj.)
Union Of India, Through The Assistant Commissioner, Cgst Division- F, In Front Of Ghana Gate, Jawahar Nagar, Bharatpur-321001 (Raj.)
State Of Rajasthan, Through The Chief Commissioner Commercial Tax Department, Kar Bhawan, Ambedkar Circle, Jaipur-302004 (Raj.) ----Respondents For Petitioner(s) : Mr. Ravi Gupta For Respondent(s) : Ms. Lata Sarda Mr. Ajay Shukla HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE UMA SHANKER VYAS Order 04/12/2024
Learned counsel for both the parties submit that the parties have amicably settled their dispute in the manner that the bank is prepared to release the amount of Rs.4,98,000/-, though without any interest.
In view of the above, the peti
The judgment continues below.
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