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

I.A. No. 380/2022 In Appeal Dy. No. 446/2022 Date: 16.09.2022

M/s Narendra and Brother Vs. Canara Bank

Present: Shri Rakesh Mishra, counsel for the appellant, Shri Himanshu Tiwari, counsel for the respondent-Bank,

Heard the learned counsels for the parties.

An I.A. No. 379/2022 has been filed with a prayer that the matter may be expedited for hearing, as the respondent-Bank with the connivance of District Administration has taken possession of the property in question on 15.09.2022 inspite of the fact that the present appeal is pending consideration before this court and no reply has been filed on behalf of the respondent-bank. It is argued that there was no occasion or haste in taking possession of the property in view of the fact as stated above, therefore, he prays for interim relief.

As per own admission of the appellant, the possession of the property in question has been taken on 15.09.2022. Since the learned counsel for the respondent-Bank has been served with the copy of the urgency application today, therefore, he seeks time to response the same. Let the same be done by the next date.

Considering the submission of the learned counsel for the appellant and the fact that the possession has been taken by the Bank, I am of the view that interim protection be granted to the appellant. Accordingly, the parties concerned are directed to maintain the status quo qua the property in question, as exists today, till the next date.

List this case on 06.12.2022 for reply.