Mrs Neerja Tiwari v. Allahabad Bank and 11 Ors.

Appeal Dy. No. 839/2022 Date: 21.10.2022

Mrs. Neerja Tiwari Vs. Allahabad Bank & Ors.

Present: Shri Prashant Kumar, counsel for the appellant,

Heard the learned counsel for the appellant.

Learned counsel for the appellant contends that the respondent-Bank has filed the claim before the NCLT, in which the claim of the flat of the appellant is also mentioned. It is further contended that the moratorium period has already been declared by the NCLT, therefore, no proceedings could be initiated by the Bank under the SARFAESI Act and the proceedings are bad in law and the order for possession is also bad in law. It is further contended that some of the allottees of the flats have moved the petition before the Hon’ble High Court, which has granted the interim relief with regard to the possession. The said order has been produced before this court, which is taken on record.

In view of the above, the parties concerned are directed to maintain status quo qua the property in question, as it exists today, till the next date.

Issue notice to the respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

List this case on 03.01.2023 for service.

Justice R. D. Khare Chairperson