Disposed
Darshan Kumar Bansal v. Debts Recovery Tribunal Lucknow and Ors.
DRATREGULAR APPEAL/155/2018
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Disposed
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Regular Appeal No. 155/2018 Date: 20.09.2022
Darshan Kumar Bansal Vs. Debts Recovery Tribunal Lucknow & Ors.
Present: Shri Anesh Kumar Agarwal, counsel for the appellant, Shri Himanshu Tewari, counsel for the respondent no. 2-Bank,
Learned counsel for the appellant contends that the respondent-Bank has played fraud with the appellant by showing him to be a guarantor to the loan extended to the respondent nos. 3 & 4. It is further contended that the original title deed along with other documents were handed over to the respondent no. 2-Bank for sanctioning the loan of Rs. 25.00 lacs for domestic needs on 07.02.2013, but neither any loan was sanctioned nor any amount was disbursed to the appellant, whereas the documents submitted by the appellant was shown to be documents for guarantee of the car loan and cash credit limit sanctioned to the respondents no. 3 & 4.
It is also contended that the Car loan and the cash credit facility were granted to the borrowers prior to 07.02.2013 and the appellant had applied and submitted the documents for the aforesaid loan with the Bank on 07.02.2013, as such the same has been misused by the Bank with collusion of the borrowers, but the Tribunal below did not consider the same while passing the impugned order.
Since the proceedings for recovery have been initiated by the Bank, therefore, interim protection may be granted and time may also be given for preparing the matter.
List this case for further hearing on 14.11.2022. Till then, the parties concerned are directed to maintain the status quo qua the property in question, as exists today.
Justice R. D. Khare Chairperson
VN Giri
Darshan Kumar Bansal
Debts Recovery Tribunal Lucknow
Bank
R. D. Khare
VN Giri
As recorded by the court registry
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