Mrs Rana Gufran v. Allahabad Bank and Ors.

Appeal Dy. No. 826/2022 Date: 18.10.2022

Mrs. Rana Gufran Vs. Allahabad Bank

Present: Shri Sarvesh Tiwari, Advocate holding brief of Shri Prashant Kumar, counsel for the appellant,

The report of the Registrar dated 17.10.2022 shows that the next date is fixed in this case on 21.10.2022 before the Registrar.

In the I.A. No. 493/2022 i.e. urgency application, it has been stated that during the pendency of the securitization application, the respondent-bank has obtained order dated 30.08.2022 for taking physical possession of the property of the appellants by moving an application under section 14 of the SARFAESI Act before the learned Additional District Magistrate, which was also challenged by the appellants by filing an application for amendment and stay applications before the Tribunal below. It is further contended that the respondent-Bank has raised objection regarding maintainability of the aforesaid securitization application on the ground that the appellants are not owner of the subject property and the said securitization application is also barred by time. It is further contended that the respondent-bank has already served the copy of the order passed by the learned District Magistrate for taking physical possession on 03.10.2022.

On 03.10.2022 has long passed and today is 18^th October 2022, on which date, the present application is being taken up. The case is already fixed for 21.10.2022 before the Registrar, therefore, there is no ground made out for urgency, hence the application for urgent hearing is dismissed.

List this case on 21.10.2022.