Mohd Mansoor Alam and Anr. v. Bank of India

Appeal Dy. No. 858/2022 Date: 21.10.2022

Mohd. Mansoor Alam Vs. Bank of India Present: Shri P. K. Srivastava, counsel for the appellant, Shri Alok Rai, counsel for the respondent-Bank,

Learned counsel for the appellant has submitted a demand draft No. 424106 dated 19.10.2022 for Rs. 8.73 lacs, which may be kept in the form of FDR in Nationalized Bank for a period of six months in auto renewal scheme.

He further states that the statement of account may be given by the bank and he shall tender full amount as due before the date of sale on 29.10.2022.

Learned counsel for the respondent-bank states that an earlier order dated 20.07.2022 was passed in S.A. No. 555/2021, which has not been acted upon, therefore, the appellant needs to deposit entire amount before the sale in order to get the interim relief.

Learned counsel for the appellant submits that the appellant is a proprietor and the guarantor had filed the said S.A., therefore, the said S.A. was not maintainable. He further states that if the statement is given by the Bank, he shall deposit the remaining amount as soon as the same is received.

Learned counsel for the respondent-bank submits that although the statement has already been given to the appellant, but the same shall be given on 27.10.2022 during working hours of the Bank. Let the same be provided.

List this case on 28.10.2022.