Babita Chauhan and Anr. v. Union Bank of India
Case brief
What is this about?
Held that the urgency application to expedite proceedings regarding restoration of possession was not maintainable as the next date is already fixed; case expected to resume on 14.12.2022.
What did the court decide?
Urgency application rejected; case listed for 14.12.2022.
What the court decided
Appeal Dy. No. 580/2022 Date: 21.11.2022
Babita Chauhan & Anr. Vs. Union Bank of India
Present: Shri Aman Kumar Srivastava, counsel for the appellants, Shri Sandeep Arora, counsel for the respondent-Bank,
Heard the learned counsel for the appellants on the urgency application being I.A. No. 597/2022.
In para 6 of the urgency application, it has been stated that the appellant has submitted his OTS proposal along with upfront money to the respondent-Bank with request to restore the possession in their favour, which OTS proposal is under consideration and the competent authority of the Bank itself decided to handover the possession in favour of the appellants.
It is further stated that the secured asset has not been sold nor any date of E-auction has been fixed, but ex-parte order has been passed for delivering the possession. According to the admitted fact of the appellant request for restoring their possession is pending and as per report of the Registrar dated 17.11.2022, the next date is already fixed for 14.12.2022. As such, there is no ground made out for expediting the proceeding of the case, therefore, the urgency application stands rejected.
List this case on the date as already fixed i.e. 14.12.2022.
Justice R. D. Khare Chairperson
Anupam
Parties & counsel
- appellant
Babita Chauhan & Anr.
- respondent
Union Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090005802022
- Bench
- Rajesh Dayal Khare
All orders in this case
9 orders share this CNR
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