M/ S Narendra and Brothers v. Canara Bank and Ors.

I.A. No. 233/2022, I.A. No. 232/2022 & I.A. No. 231/2022 In Appeal Dy. No. 446/2022

Date: 26.07.2022

M/s Narendra and Brothers Vs. Canara Bank

Present: Shri Rakesh Mishra, counsel for the appellant,

The order of the Registrar dated 25.07.2022 shows that the learned counsel for the appellant wants to argue with regard to the pre-deposit. The I.A. No. 231/2022, I.A. No. 232/2022 & I.A. No. 233/2022 have been filed for urgency, stay and waiver.

Learned counsel for the appellant states that there is apprehension that the possession of the property in question may be taken over and therefore, stay application may be heard. The learned counsel contends that the order impugned has been passed without considering the fact that the Bank did not comply with the required provision of section 14 of the SARFAESI Act with regard to the filing of detailed affidavit. In support of his contention, learned counsel for the appellant has relied upon the judgment passed by the Hon’ble Allahabad High Court in Shiv Charan Lal Sharma Vs. Allahabad Bank, A.M.U. Branch Aligarh & Ors., 2015(3) AWC 3049.

Learned counsel for the appellant further contends that the said judgment has also considered judgment of the Hon’ble Supreme Court passed in Standard Chartered Bank Vs. V. Noble Kumar and others, 2013 (9) SCC 620. Learned counsel for the appellant has not indicated the date which is fixed for taking possession as argued.

Issue notices to the respondents on the waiver and stay applications by two modes i.e. Registered Post with A.D. and