SUPREME COURT OF INDIA

The United Commercial Bank & Anr.

Vs.

Gangadhar Mohanty & Anr.

C.A.No. 10948 of 2016

(Kurian Joseph and R.F.Nariman,JJ.,)

18.11.2016

JUDGMENT

Kurian Joseph,J.,

SLP(Civil)No. 22869 of 2014

1. Leave granted.

2. The appellant-Bank approached this Court aggrieved by the impugned order dated 17.07.2014 which reads as follows :

"This Court directs the Zonal manager, UCO bank to file an affidavit to the effect that in no case compromise has been done            where the value of   the property is more than the value of outstanding amount. List this matter next week."

3 Heard the learned counsel           for the            appellants and respondents. The parties have fairly submitted that the matter can go back to the High Court without insisting for          the affidavit. Therefore, without expressing any opinion on the merits of the     case, we set aside the order as extracted above and remit the matter to the High Court. The High Court is requested to dispose of the writ petition on or before 31.03.2017.

4. In view of the above observations, the appeal            is disposed of.           No costs.