Canara Bank and Ors. v. Balaji Construction and Ors.
Case brief
What is this about?
Canara Bank v. Balaji Construction — MAT 571 of 2025 with CAN No. 1 of 2025 (decided 01.05.2025). Division bench refuses to interfere with single Judge's order of 10.04.2025 ordering handover of possession of Flat no.3B to writ petitioners/respondent nos.1-3; holds no nexus exists between the bank's 2021 loan to respondent no.6 for Flat no.3D and Flat no.3B; rejects 'disputed questions of fact' objection; fresh seven-day possession deadline imposed on the bank; writ petitioners restrained from alienating or encumbering Flat no.3B until disposal of the writ petition. Keywords: flat possession, forcible dispossession, deed of conveyance, loan security, third party interest restraint, appeal disposed, no statutory provisions or precedents cited.
What did the court decide?
No interference with the single Judge's order of 10th April, 2025; the bank was directed afresh to hand over possession of Flat no.3B to the writ petitioners/respondent nos.1-3 within seven days, subject to the restraint that the writ petitioners shall not create any third party interest (alienation or encumberance) in Flat no.3B till disposal of the writ petition; the appeal and the application were disposed of.