C.R. PATIL versus STATE OF GUJARAT & ORS.
In view of the full settlement reached between the parties, and payment by the appellant under the OTS, nothing remains due and payable. Therefore, the conditions in the interim order do not survive, and the appellant is entitled to release of properties and relief from undertakings given to the Court.
- Parties
- Appellant: C.R. Patil; Respondents: State of Gujarat & Ors.
- Jurisdiction
- India
- Judgment Date
- 03 October 2008
- Procedural Posture
- Criminal Appeal / Appeal From Dismissal of Bail and Related Orders by High Court
- Outcome
- Appeal partly allowed.
- Legal Topics
- Prosecution for Default in Payment of Dues, Bail, Compromise/settlement, One Time Settlement (ots), Attachment and Release of Property
Case Brief
Summary, issues, holding and outcome
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Parties
C.R. Patil
Appellant
State of Gujarat & Ors.
Respondents
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Bail and Related Orders by High Court
Legal Issues
- 1 Whether the appellant should be relieved from the conditions imposed in the interim bail order after full payment under One Time Settlement (OTS) and settlement between parties.
Ratio Decidendi
In view of the full settlement reached between the parties, and payment by the appellant under the OTS, nothing remains due and payable. Therefore, the conditions in the interim order do not survive, and the appellant is entitled to release of properties and relief from undertakings given to the Court.
Court Disposition
Appeal partly allowed.
Orders
- Properties ordered to be released and made available to appellant.
- Title deeds and documents to be handed over to appellant by the bank.
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