Disposed
Punjab National Bank v. M/S Essare International and Ors.
DRATREGULAR APPEAL/22/2022
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Disposed
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I.A. No. 410/2022 In Regular Appeal No. 22/2022 Date: 28.09.2022
Punjab National Bank Vs. M/s Essare International and Ors.
Present: Shri Arvind Pal, Advocate holding brief of Shri Sanjai Singh, counsel for the appellant, Shri Sanjay Kumar Gupta, counsel for the respondent No. 4- applicant,
None for the respondent No. 6,
Heard the learned counsel for the applicant on the urgency application.
Learned counsel for the applicant submits that vide order dated 15.11.2019, the learned DRT, Allahabad in O.A. No. 902/2017 dismissed the claim of the Bank against the defendants No. 4 and 6 on the ground that in the enquiry report dated 04.07.2017 conducted by the Vigilance Officer, signatures of defendants No. 4 and 5 were found to be forged and fabricated, therefore, the Tribunal below has concluded that the said defendants have neither executed any guarantee documents nor mortgaged their share in the immovable property in question. The said report of the Vigilance Officer has not been faulted by the Bank.
The present application has been filed by the respondent no. 4 on the ground that due to arbitrary action taken by the Bank Officer, the respondent No. 4 is facing mental agony as well as the negative impact on his CIBIL. As per report of the Registrar, the case is already listed for 16.12.2022.
In view of the above and the fact that the date fixed is too long, the urgency application being I.A. No. 410/2022 is allowed and the date already fixed for 16.12.2022 is preponed to 14.10.2022.
Justice R. D. Khare Chairperson
VN Giri
Punjab National Bank
M/s Essare International and Ors.
R. D. Khare
VN Giri
As recorded by the court registry
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