On interim application in an appeal regarding cheque recovery, the Tribunal stayed the bank's possession of undivided property pending the hearing of the main appeal scheduled for April 22, 2022, while noting the recoverable amount.
Stay on taking possession of the property by the bank until the hearing of the main appeal on April 22, 2022.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No. 44/2022 Arising out of S.A. No. 91/2019 (DRT-I, Delhi)
Gurdeep Kaur Bedi Vs Indian Bank
19.04.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Rajinder Wali, Ld. counsel for the appellant
Mr. Sovi Bipneet Singh, Ld. counsel for the respondent bank
This matter has been taken up by me through Video Conferencing.
This is an appeal against the order dated 29.03.2022 vide which the interim relief prayed for has been declined to the appellant.
Learned for the appellant submits that the bank is going to take possession of the property in question and recovery agents are scheduled to come for the same either on 19th or 20th April, 2022. He further submits that this is an undivided share of property with common ingress and egress, of which the possession is going to be taken.
Learned counsel for the respondent, on the other hand, submits that a huge amount of about Rs.5.29 crores is recoverable and it is for the appellant to demarcate portion of property of which the possession is to be taken over.
It is informed that the case is already coming up on 22.04.2022. Till then let the possession of the property in question be not taken by the respondent Bank.
(CHAIRPERSON)
-pk
2 issues framed by the court
Whether interim order should prevent the bank from taking possession of the disputed property pending the hearing of the main appeal.
What conditions should be imposed on the bank regarding possession of undivided property scheduled for recovery.
Gurdeep Kaur Bedi
Indian Bank
Justice Brijesh Sethi
As recorded by the court registry
14 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
