Neha Gupta v. Housing Development Finance Corporation Ltd.
Case brief
What is this about?
An appeal regarding housing dues deposited is adjourned. The respondent-FI was given time to obtain instructions from its head office regarding the appellant's request for installment deposits.
What the court decided
Appeal Dy. No. 876/2022 Date: 15.11.2022
Neha Gupta Vs. Housing Development Finance Corporation Ltd.
Present: Shri A. K. Pal, Advocate holding brief of Shri V. K. Ojha, counsel for the appellant,
It is contended on behalf of the appellant that on account of Covid-19 situation, the amount due against the appellant, which was Rs. 30.00 lacs plus interest, could not be deposited, although the time to make deposit by the appellant has not lapsed, which will lapse in the year 2036. It is further contended that the appellant is ready to deposit Rs. 16.00 lacs and the remaining amount also in four installments, if permitted.
Shri Bharat Kant, Advocate has put in appearance on behalf of the respondent-FI, who has been asked to obtain instruction from the HUDCO to the submission made by the learned counsel for the appellant that the appellant had offered to deposit Rs. 16.00 lacs before the Tribunal below, but the Tribunal below directed for full deposit of the amount due.
Learned counsel for the respondent-FI takes notice and seeks time to take instruction from the respondent-F.I. by the next date.
Learned counsel for the appellant is directed to serve a copy of the memo upon the counsel for the respondent-FI during the course of the day, who may file reply by the next date.
List this case on 01.12.2022 for reply.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether the appellant, who offered to deposit 50% of the dues and the balance in installments, should be permitted to do so given the impossibility of full deposit due to the Covid-19 situation.
Parties & counsel
- appellant
Neha Gupta
- respondent
Housing Development Finance Corporation Ltd.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090008762022
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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