An interim application was disposed of, listing the main appeal regarding a direction to return original title deeds for a hearing on 17.10.2022. The court directed maintenance of the status quo until the next date.
Parties directed to maintain status quo qua the property in question until the next date of listing.
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Appeal Dy. No. 472/2022 Date: 20.09.2022
Punjab National Bank Vs. Sunil Sahani
Present: Shri S. K. Pandey, counsel for the appellant, Shri Akshat Agarwal along with Shri V. K. Shukla, counsel for the respondent nos. 1 & 2,
Learned counsel for the appellant has filed I.A. No. 364/2022 for expediting the hearing of the present appeal and the I.A. no. 365/2022 has been filed for grant of interim relief. Since the urgency application has been considered and the order has been passed, therefore, the I.A. No. 364/2022 stands disposed off.
Learned counsel for the appellant contends that vide impugned order dated 25.05.2022 passed in O.A. No. 1441/2019, the learned Presiding Officer, DRT, Jabalpur has directed the appellant-Bank to return the original title deed to the respondents. It is further contended that the said direction is totally illegal and in the teeth of mandatory provisions of law.
It is further contended that the aforesaid O.A. No. 1441/2019 was posted for 02.08.2022 before the DRT concerned and the court below was informed about the pendency of the present appeal, but vide order dated 02.08.2022, it was directed that if the stay order is not granted by this Court till the next date fixed i.e. 21.09.2022, then original title deed be returned to the borrower, even though the appeal may be pending before this Tribunal. The matter is now fixed before the Tribunal below on 21.09.2022. Accordingly, the matter is taken up today.
Learned counsel for the respondents submits that according to the OTS, entire amount has been deposited, therefore, the original title deed may be returned to the respondents.
Till the next date of listing, the parties concerned are directed to maintain the status quo qua the property in question, as exists today.
List this case on 17.10.2022 for reply.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether the original title deed should be returned to the borrowers pending appeal.
Whether an interim order directing the maintenance of status quo regarding the property is appropriate.
Punjab National Bank
Sunil Sahani
Respondent Nos. 1 & 2
R. D. Khare
VN Giri
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
