In an urgency application, the Tribunal appointed an Advocate Commissioner to prepare inventories of goods at Noida premises. The bank was directed to cooperate, and the fee was fixed. The case was listed for a later date.
Appointment of Advocate Commissioner; respondent bank to cooperate; fee of Rs. 15,000 fixed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
I.A. No. 137/2022, I.A. No. 113/2022 & I.A. No. 112/2022 In Appeal Dy. No. 117/2022
Date: 23.06.2022
M/s Divine Electricals and Home Appliances Pvt. Ltd. Vs. Punjab & Sind Bank & Anr.
Present: Shri V. K. Shukla, counsel for the appellant, Shri Shyam Kumar Ray, counsel for the respondent-Bank Shri Chandan Sharma, counsel for the respondent-Auction Purchaser,
Heard the learned counsels for the parties.
An urgency application has been filed on behalf of the appellant stating that the Bank has issued a letter dated 21.06.2022 to the appellant for removal of goods lying at industrial leasehold land and building bearing No. C-5, Sector7, Noida U.P. within 3 days. Learned counsel for the appellant contends that although the inventories have been prepared but the same have not been given to the appellant and there are some articles, which have not been mentioned in the said inventory, therefore, the respondent-Bank may be directed to provide the inventories of the goods to the appellant duly prepared by an Advocate Commissioner to be appointed by this Tribunal. Learned counsels appearing for the respondents have no objection to the same.
Accordingly, Shri K. Kartikey, Advocate is appointed as Advocate Commissioner, who may get the inventories prepared in his presence within a week and the respondentBank shall co-operate with the Advocate Commissioner in preparing the inventories of the articles/goods lying in the aforesaid premises. With the consent of the appellant, the fee of the Advocate Commissioner is fixed as Rs. 15000/including all the expenses, which shall be paid by the appellant to the Advocate Commissioner as named above within two days. A copy of this order shall be served upon all the parties concerned by the appellant within a period of three days from today.
List this case on 29.07.2022.
Justice R. D. Khare
Chairperson
VN Giri
M/s Divine Electricals and Home Appliances Pvt. Ltd.
Punjab & Sind Bank
Auction Purchaser
Justice R. D. Khare
VN Giri
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
