Mohammad Waseem v. Punjab National Bank and Ors.

Appeal Dy. No. 1015/2022 Date: 28.11.2022

Mohammad Waseem Vs. Punjab National Bank

Present: Shri S. K. Gupta along with Shri Sudhanshu Mishra, counsel for the appellant, Shri Shailendra Kumar, counsel for the respondent-Bank,

Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 21.11.2022 passed by the DRT, Allahabad in S.A. No. 841/2022.

The report of the Registrar dated 24.11.2022 shows that the I.A. No. 616/2022 being urgency application, I.A. No. 617/2022 being interim Relief Application and I.A. No. 618/2022 being waiver application are pending consideration. The said report further shows that no pre-deposit has been made and as per the possession notice, the dues of the Bank was Rs. 29,44,478/- and the Bank has sold the property in question and received more than Rs. 82.00 lacs.

As the matter has been taken-up today on the urgency application being I.A. No. 616/2022, therefore, the same has become infructuous and is disposed off as such.

Learned counsel for the respondent-Bank has filed reply after serving copy of the same to the counsel for the appellant, who may file rejoinder by the next date.

It is contended by the learned counsel for the appellant that the notices have been issued against the dead person and therefore, the proceedings subsequent thereto were void ab-initio. It is further contended that the legal heirs of the