A.P. Mahesh Co-Operative Urban Bank Ltd vs V Ravi Kumar on 24 July, 2026

    0
    8
    ADVERTISEMENT

    Supreme Court – Daily Orders

    A.P. Mahesh Co-Operative Urban Bank Ltd vs V Ravi Kumar on 24 July, 2026

                                                   1
    
                               IN THE SUPREME COURT OF INDIA
                           EXTRAORDINARY APPELLATE JURISDICTION
    
                 Petition for Special Leave to Appeal(C)No.24286/2025
    
    
      A.P. MAHESH CO-OPERATIVE URBAN BANK LTD.                             Petitioner(s)
    
                                                 VERSUS
    
      V RAVI KUMAR                                                         Respondent(s)
    
    
                                              O R D E R
    

    1. By our Order dated 10th November, 2025, we had referred the
    parties for mediation. We had appointed Hon’ble Mr. Justice R.
    Subhash Reddy, former Judge of this court, to act as a mediator
    between the parties.

    2. We are informed by the learned counsel appearing for the
    parties that the mediation has been successful. The Deed of
    Settlement dated 27th May, 2026 has been reduced into writing, duly
    signed by the parties, including the learned Mediator.

    SPONSORED

    3. The original Deed of Settlement is ordered to be taken on
    record, and the same shall be kept with the record of this case.

    4. The terms of the Deed of Settlement read thus:-

    “DEED OF SETTLEMENT

    (Mediated Settlement Agreement under Section 19 of the Mediation Act, 2023)
    Arising out of S.L.P. (Civil) No. 24286 of 2025 pending before the Hon’ble
    Supreme Court of India

    This Deed of Settlement (“Deed” / “Settlement Agreement”) is executed at New
    Delhi on this 28th day of April, 2026,

    BY AND BETWEEN:

    ANDHRA PRADESH MAHESH CO-OPERATIVE URBAN BANK LTD. (popularly known as
    “Mahesh Bank”), a multi-State scheduled co-operative bank, having its
    Registered/Head
    Signature Not Verified Office at D.No. 8-2-680/1 & 2, Road No. 12, Banjara Hills,
    Hyderabad
    Digitally signed by
    VISHAL ANAND
    – 500 048, represented herein by its Authorised Signatory Mr. K.V.
    Ramana
    Date: 2026.08.05
    18:13:46 IST Murthy, duly authorised vide Authorisation Letter dated 01.07.2025
    issued by the Managing Director & CEO (hereinafter referred to as the
    Reason:

    “Bank” / “First Party”, which expression shall, unless repugnant to the
    context or meaning thereof, mean and include its successors-in-interest and
    permitted assigns) of the ONE PART;

    2

    AND

    MR. V. RAVI KUMAR, S/o Mr. V. Anantha Krishna, aged about 49 years, resident
    of 21 Belmont, Lodha Estate, KPHB Colony, Hyderabad – 500 072 (hereinafter
    referred to as the “Borrower” / “Second Party”, which expression shall,
    unless repugnant to the context or meaning thereof, mean and include his
    legal heirs, executors, administrators and permitted assigns) of the OTHER
    PART.

    The Bank and the Borrower are hereinafter individually referred to as “Party”
    and collectively as the “Parties”.

    RECITALS / WHEREAS:

    A. The Borrower had availed a secured term loan of Rs. 7,70,00,000/-
    (Rupees Seven Crores and Seventy Lakhs only) from the Bank on or about

    05.09.2015 for purchase of a commercial property, repayable in 108 (one
    hundred and eight) Equated Monthly Instalments commencing from
    05.10.2015, carrying interest at the rate of 13.5% per annum compounded
    monthly, with penal interest of 2% per annum on default. The said loan
    was secured, inter alia, by an equitable mortgage of the commercial
    property created in favour of the Bank.

    B. Upon the Borrower’s account being classified as a Non-Performing Asset
    on 05.05.2016, the Bank initiated proceedings under the Securitisation
    and Reconstruction of Financial Assets and Enforcement of Security
    Interest Act, 2002
    (“SARFAESI Act”), including the issuance of a Demand
    Notice dated 04.10.2016 under Section 13(2) and a Possession Notice
    dated 26.12.2017 under Section 13(4) of the SARFAESI Act.

    C. The Borrower instituted S.A. No. 425 of 2019 before the Ld. Debts
    Recovery Tribunal-II, Hyderabad (“DRT”), wherein I.A. No. 885 of 2023
    came to be filed seeking reduction of the contractual rate of interest.
    By Order dated 05.07.2023, the Ld. DRT directed that simple interest at
    10% per annum be charged on the reduced balance.

    D. Aggrieved, the Bank preferred Misc. Appeal No. 35 of 2023 before the
    Ld. Debts Recovery Appellate Tribunal, Kolkata (“DRAT”), which by Order
    dated 10.05.2024 set aside the Order of the Ld. DRT.

    E. The Borrower thereafter filed W.P. No. 22458 of 2024 before the Hon’ble
    High Court of Telangana at Hyderabad, which by judgment and Order dated
    30.04.2025 set aside the Order of the Ld. DRAT and restored the Order
    of the Ld. DRT dated 05.07.2023.

    F. Aggrieved by the said judgment dated 30.04.2025, the Bank preferred
    Special Leave Petition (Civil) No. 24286 of 2025 (“SLP”) before the
    Hon’ble Supreme Court of India, which is presently pending
    adjudication. In the said proceedings, a sum of Rs. 1,25,00,000/-
    (Rupees One Crore and Twenty-Five Lakhs only) has been deposited by the
    Borrower with the Registry of the Hon’ble Supreme Court of India.

    G. Having regard to the predominantly commercial character of the disputes
    between the Parties and with a view to amicable resolution, the
    Parties, by mutual consent, referred the disputes to mediation. Hon’ble
    Mr. Justice R. Subhash Reddy, former Judge of the Hon’ble Supreme Court
    of India (hereinafter referred to as the “Ld. Mediator”), was appointed
    as the Mediator to resolve the disputes under the aegis of mediation in
    accordance with the procedure prescribed under the Mediation Act, 2023.

    3

    H. Pursuant to such appointment and reference, the mediation proceedings
    were deemed to have commenced under Section 14 of the Mediation Act,
    2023, and were conducted in due compliance with Sections 15 to 18 of
    the said Act. After several rounds of joint and separate sessions held
    between the Parties under the auspices of the Ld. Mediator, the Parties
    have, of their own free will and volition, voluntarily and without any
    coercion, undue influence, fraud or misrepresentation, and with the
    benefit of independent legal advice, arrived at a full and final
    amicable settlement of all the disputes, differences and claims between
    them on the terms and conditions hereinafter recorded.

    I. The Parties confirm that this Settlement Agreement is reduced into
    writing in accordance with Section 19(2) of the Mediation Act, 2023,
    and shall, upon execution, be submitted to the Ld. Mediator for
    authentication in terms of Section 19(3) of the said Act.

    NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES
    HEREINAFTER CONTAINED, AND WITH A VIEW TO BURY ALL DIFFERENCES AND DISPUTES
    BETWEEN THE PARTIES, THE PARTIES HEREBY AGREE, RECORD AND DECLARE AS FOLLOWS:

    1. FULL AND FINAL SETTLEMENT AMOUNT
    1.1 In full and final settlement of all dues, claims, demands, interest
    (contractual, pendente lite, future and penal), costs, charges and
    expenses arising out of or in connection with the loan facility
    referred to in Recital A above and the disputes set out in Recitals B
    to F (collectively, the “Disputes”), the Borrower agrees to pay, and
    the Bank agrees to accept, an aggregate sum of Rs. 15,75,00,000/-

    (Rupees Fifteen Crores and Seventy-Five Lakhs only) (the “Settlement
    Amount”).

    2. MODE AND SCHEDULE OF PAYMENT
    2.1 The Settlement Amount shall be paid by the Borrower to the Bank in the
    following manner:

    a) Release of Deposit with the Supreme Court Registry: A sum of Rs.

    1,25,00,000/- (Rupees One Crore and Twenty-Five Lakhs only)
    presently lying deposited with the Registry of the Hon’ble Supreme
    Court of India in the SLP, shall be appropriated towards the
    Settlement Amount. The Parties shall jointly move/file appropriate
    application(s) before the Hon’ble Supreme Court of India for release
    of the said amount, together with accrued interest, if any, in
    favour of the Bank, and the Borrower shall render full co-operation
    in the said behalf;

    b) Payment on Execution: A further sum of Rs. 35,00,000/- (Rupees
    Thirty Five Lakhs only) shall be paid by the Borrower to the Bank
    simultaneously with and on the date of execution of this Deed of
    Settlement, by way of demand draft.

    c) Balance Payment: The entire balance of the Settlement Amount, after
    appropriating the amounts referred to in sub-clauses (a) and (b)
    above, shall be paid by the Borrower to the Bank within sixty (60)
    days from the date of execution of this Deed, by way of demand draft
    / RTGS / NEFT to the designated account of the Bank;

    d) Grace Period: By way of indulgence and without prejudice to its
    rights, the Bank agrees to grant the Borrower a further grace period
    of thirty (30) days beyond the period stipulated in sub-clause (c)
    4

    above for making the balance payment, without attracting any default
    consequence under Clause 5 below; provided that no further extension
    of time shall be granted save with the express written consent of
    the Bank.

    2.2 Time is and shall be of the essence in respect of the payment
    obligations contained in this Clause 2.

    2.3 Each payment shall be deemed to have been made only on the date of
    unconditional credit of the said amount in the designated account of
    the Bank.

    3. RELEASE OF SECURITIES AND RETURN OF TITLE DEEDS
    3.1 Upon receipt of the entire Settlement Amount in terms of Clause 2 above
    (including the appropriation of the Supreme Court deposit and clear
    receipt of the balance payment), the Bank shall, within a period of
    fifteen (15) working days:

    a. return the original title documents in respect of the
    secured/mortgaged property to the Borrower against due
    acknowledgement;

    4. WITHDRAWAL OF PROCEEDINGS / DISPOSAL ON SETTLEMENT
    4.1 Upon the receipt of the entire Settlement Amount in terms of Clause 2
    above, the Parties shall jointly take steps to:

    a. place this Deed of Settlement on record before the Hon’ble Supreme
    Court of India and pray for disposal of S.L.P. (Civil) No. 24286 of
    2025 in terms of this Settlement;

    b. close, withdraw and/or have disposed of, as the case may be, all
    proceedings between the Parties pending before any court, tribunal
    or authority arising out of or in connection with the said loan
    facility, including but not limited to the proceedings in S.A. No.
    425 of 2019, I.A. No. 885 of 2023, Misc. Appeal No. 35 of 2023, W.P.
    No. 22458 of 2024, complaints/cases under the Negotiable Instruments
    Act, 1881
    in respect of the dishonoured cheques, and any
    application(s) under Section 14 of the SARFAESI Act, all of which
    shall be withdrawn / treated as not pressed / disposed of in terms
    of this Settlement; and

    c. execute such joint memos, consent applications, no-objections,
    releases and other documents as may be necessary to give effect to
    this Clause 4.

    4.2 Each Party shall bear its own costs of the legal proceedings and the
    mediation costs shall be borne in terms of Clause 11 below.

    5. CONSEQUENCES OF DEFAULT

    5.1 In the event of failure of the Borrower to pay the balance of the
    Settlement Amount within the period stipulated in Clause 2.1(c), as
    extended by the grace period stipulated in Clause 2.1(d) above (the
    “Outer Date”), this Settlement shall, at the option of the Bank
    exercisable by written notice, stand revoked, and the Bank shall be
    entitled to:

    5

    a. appropriate any amount(s) already received under this Settlement
    (including the amounts referred to in Clauses 2.1(a) and 2.1(b))
    towards the outstanding contractual dues, without prejudice to its
    rights to claim the balance;

    b. revive and continue all proceedings referred to in Clause 4 above as
    if this Settlement had not been entered into; and

    c. pursue all remedies available to it in law, including under the
    SARFAESI Act and the Recovery of Debts and Bankruptcy Act, 1993, on
    the basis of the original contractual rate of interest of 13.5% per
    annum compounded monthly together with penal interest of 2% per
    annum, without any reduction or concession.

    5.2 The Borrower expressly acknowledges that the reduced figure of the
    Settlement Amount has been agreed solely as a measure of compromise and
    on the strict condition of timely payment, and shall not, in the event
    of default, be construed as the determined liability of the Borrower.

    6. MUTUAL RELEASES, DISCHARGE AND NO FURTHER CLAIMS

    6.1 Subject to and contingent upon receipt of the entire Settlement Amount
    by the Bank in terms of Clause 2 above, each Party hereby
    unconditionally and irrevocably releases, discharges and forever
    exonerates the other Party (and, in the case of the Bank, its
    directors, officers, employees, agents and representatives) from any
    and all claims, demands, actions, causes of action, suits, debts, dues,
    accounts, reckonings, bonds, covenants, contracts, controversies,
    agreements, promises, damages, judgments, executions, expenses and
    liabilities whatsoever, whether known or unknown, present or future,
    arising out of or in any manner connected with the Disputes.

    6.2 The Parties confirm that, save and except for the rights and
    obligations expressly created under this Deed, no claim, demand or
    grievance whatsoever exists or shall be raised by either Party against
    the other arising out of or in connection with the Disputes.

    7. CONFIDENTIALITY
    7.1 The Parties, the Ld. Mediator and all participants to the mediation
    shall maintain strict confidentiality of the mediation proceedings in
    terms of Section 22 of the Mediation Act, 2023, including but not
    limited to acknowledgements, opinions, suggestions, proposals,
    admissions and documents prepared solely for the conduct of the
    mediation.

    7.2 Notwithstanding the foregoing, this Deed of Settlement may be disclosed
    to the extent necessary for its registration, enforcement or challenge
    under the Mediation Act, 2023, and for placing the same on record
    before the Hon’ble Supreme Court of India and any other forum referred
    to in Clause 4 above.

    8. TERMINATION OF MEDIATION PROCEEDINGS
    8.1 The Parties record that, upon the signing of this Deed of Settlement
    and authentication thereof by the Ld. Mediator, the mediation
    proceedings between the Parties shall stand terminated in accordance
    with Section 24(a) of the Mediation Act, 2023.

    6

    9. AUTHENTICATION, FILING AND ENFORCEMENT
    9.1 This Deed of Settlement, after being signed by the Parties, shall be
    submitted to the Ld. Mediator for authentication in accordance with
    Section 19(3) of the Mediation Act, 2023. The Ld. Mediator shall, after
    authenticating the same, provide a signed copy to each of the Parties.

    9.2 The Parties acknowledge and agree that this Deed of Settlement, upon
    authentication, shall be final and binding on the Parties and shall be
    enforceable as if it were a judgment or decree of a Court, in
    accordance with Section 27 of the Mediation Act, 2023.

    9.3 The Parties may, at their option and within the period prescribed under
    Section 20 of the Mediation Act, 2023, cause this Deed of Settlement to
    be registered with the Authority constituted under the Legal Services
    Authorities Act, 1987
    , having territorial jurisdiction.

    10. COMPLIANCE WITH STATUTORY TIMELINES
    10.1 The Parties record that the mediation proceedings have been concluded
    within the time limit stipulated under Section 18 of the Mediation Act,
    2023, and the present Settlement has been arrived at within the said
    period.

    11. COSTS OF MEDIATION
    11.1 In accordance with Section 25 of the Mediation Act, 2023, all costs of
    the mediation, including the fees of the Ld. Mediator and any charges
    of the mediation service provider/secretariat, has been paid by the
    parties.

    12. REPRESENTATIONS AND WARRANTIES
    12.1 Each Party represents and warrants to the other that: (a) it has full
    power, authority and capacity to enter into this Deed of Settlement and
    to perform its obligations hereunder; (b) the execution and performance
    of this Deed have been duly authorised; (c) it has entered into this
    Deed voluntarily, with full knowledge of its contents and consequences,
    after obtaining independent legal advice; and (d) it is not under any
    coercion, undue influence, fraud, misrepresentation or mistake.

    ENTIRE AGREEMENT, AMENDMENT AND SEVERABILITY

    12.2 This Deed of Settlement constitutes the entire understanding between
    the Parties in relation to the subject matter hereof and supersedes all
    prior negotiations, understandings and arrangements, whether oral or
    written, between them.

    12.3 No amendment or modification of this Deed shall be valid or binding
    unless reduced into writing and signed by both the Parties.

    12.4 If any provision of this Deed is held to be invalid or unenforceable,
    the remaining provisions shall continue in full force and effect.

    13. COUNTERPARTS
    13.1 This Deed may be executed in two or more counterparts, each of which
    shall be deemed an original, and all of which together shall constitute
    one and the same instrument.”
    7

    5. In view of the aforesaid, the parties have preferred a joint
    application praying for the following:-

    (a) take the Deed of Settlement / Mediated Settlement Agreement
    dated 27.05.2026 on record, and record the settlement arrived at
    between the parties:

    (b) dispose of the present Special Leave Petition (Civil) No. 24286
    of 2025 in term of the said Deed of Settlement dated 27.05.2026,
    while keeping open and protecting the liberty of the Petitioner-

    Bank to pursue its remedies in terms of Clause 5 thereof in the
    event of default by the Respondent;

    (c) direct the Registry of this Hon’ble Court to release the sum of
    Rs. 1,25,00,000/- (Rupees One Crore and Twenty-Five Lakhs only),
    together with the entire interest accrued thereon, in favour of the
    Petitioner-Bank, and for that purpose to prematurely encash / cause
    to be encashed the Fixed Deposit in which the said amount has been
    invested, and to remit the said amount, together with accrued
    interest, to the Petitioner-Bank by way of electronic transfer
    (RTGS/NEFT) to the account of the Petitioner-Bank, the particulars
    whereof are set out hereunder / or by way of Demand Draft drawn in
    favour of the Petitioner-Bank;

    (d) pass such other and further order(s) as this Hon’ble Court may
    deem fit and proper in the facts and circumstances of the case.”

    6. We clarify that in the event there is any default at the end
    of either of the parties, more particularly, on the part of the
    respondent, it shall be open for the petitioner – Bank to proceed
    further in terms of clause 5 of the Deed of Settlement.

    7. We also direct the Registry of this Court to release a sum of
    Rs.1,25,00,000/- (Rupees One Crore and Twenty Five Lakh only) with
    interest accrued thereon in favour of the petitioner – Bank at the
    earliest.

    8. With the aforesaid, this petition is disposed of in terms of
    the deed of settlement referred to above.

    9. Once the entire amount is paid in accordance with the terms of
    the Deed of Settlement, the petitioner – Bank shall handover the
    title deed(s) to the Respondent.

    10. We express our gratitude to Hon’ble Mr. Justice R. Subhash
    Reddy for acting as a Mediator and bringing around an amicable
    settlement between the parties.

    8

    11. We appreciate the pains taken by the learned Mediator for
    bringing around this Deed of Settlement.

    12. Pending applications, if any, also stand disposed of.

    …………………………………………J
    (J.B. PARDIWALA)

    …………………………………………J
    (K. VINOD CHANDRAN)
    NEW DELHI
    24TH JULY, 2026.

    9

    ITEM NO.61                 COURT NO.5                  SECTION XII-A
    
                     S U P R E M E C O U R T O F       I N D I A
                             RECORD OF PROCEEDINGS
    
         Petition(s) for Special Leave to Appeal (C)    No(s).     24286/2025
    
    

    [Arising out of impugned final judgment and order dated 30-04-2025
    in WP No. 22458/2024 passed by the High Court for The State of
    Telangana at Hyderabad]

    A.P. MAHESH CO-OPERATIVE URBAN BANK LTD. Petitioner(s)

    VERSUS

    V RAVI KUMAR Respondent(s)

    [MEDIATION REPORT HAS BEEN RECEIVED]
    IA No. 183615/2026 – PASSING APPROPRIATE ORDER OR DECREE UNDER
    ARTICLE 142 OF THE CONSTITUTION
    IA No. 240796/2025 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES
    IA No. 236672/2025 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    Date : 24-07-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MR. JUSTICE J.B. PARDIWALA
    HON’BLE MR. JUSTICE K. VINOD CHANDRAN

    For Petitioner(s) :

    Mr. Rishi Kapoor, Adv.

    Ms. Gitanjali Kapoor, Adv.

    Mr. Ashish Kumar Upadhyay, AOR
    Ms. Maitri Goal, Adv.

    Mr. Varun Ranjan, Adv.

    Ms. Kalpana, Adv.

    For Respondent(s) :

    Mr. Rohit Kumar, AOR
    Mr. Navlendu Kumar, Adv.

    Mr. Naveen Kumar, Adv.

    Mr. Shudhansu, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    1. This Special Leave Petition is disposed of in terms of the
    signed order
    10

    2. Pending applications, if any, also stand disposed of.

     (VISHAL ANAND)                                    (POOJA SHARMA)
    DEPUTY REGISTRAR                                 COURT MASTER (NSH)
                    (Signed Order is placed on the file)
    



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here