Pawan Kumar Gaur and Anr. v. State Bank of India and 3 Ors.

I.A. No. 103/2022 In Appeal Dy. No. 122/2022 Date: 31.05.2022

Pawan Kumar Gaur & Anr. Vs. State Bank of India & Ors.

Present: Shri Rahul Chaudhary along with Shri Prashant Kumar Pandey, counsel for the applicants, Shri Ankit Saran, counsel for the respondent-Bank,

Learned counsel for the appellants submits that the appellants are in custody of police and their daughter is pursuing the case and she is ready to pay the amount due upon the ancestral property of her father. Further, she also undertakes to deposit Rs. 20.00 lacs within 48 hours and the remaining amount due in two monthly installments. The learned counsel for the appellant also submits that if any installment is not deposited as undertaken, the respondent-Bank shall be free to take appropriate measure for liquidating the dues. The learned counsel for the appellant contends that the auction sale of the property in question has been scheduled to be held today i.e. 31.05.2022, therefore, the same may be kept in abeyance till next date.

Learned counsel for the respondent-Bank submits that if the amount due is paid as undertaken by the appellants, the interest of the Bank would be served, but the auction should not be disturbed at this stage.

Considering the facts and circumstances of the case and the fact that the appellants are willing to liquidate the dues as undertaken above, the parties concerned are directed to maintain status quo qua the property in question, as it exists today, till next date.

List this case on 14.09.2022 for reply.

Justice R. D. Khare Chairperson