Disposed

State Bank of India and Anr. v. Kalpana Agrawal and Ors.

DRAT14 Jun 2022REGULAR APPEAL/39/2019

Case brief

AI extract

What is this about?

The Tribunal addressed the failure of the Commissioner, Nagar Nigam, Bhopal to produce sanctioned map records as directed. The court directed the Commissioner to appear in person in the first week of July to explain the disobedience of earlier orders and initiated potential contempt proceedings.

What did the court decide?

Commissioner, Nagar Nigam, Bhopal directed to appear in person on 05.07.2022 to show cause why contempt proceedings should not be initiated for disobeying orders.

State Bank of India and Anr. versus Kalpana Agrawal… — Civil Procedure and Limitation | DRAT (2022)

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CAMP COURT AT BHOPAL

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Regular Appeal No. 39/2019 Date: 14.06.2022

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State Bank of India & Anr. Vs. Kalpana Agrawal & Ors.

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Present: None for the appellants, Shri Prateek Waghmare, counsel for the respondentBorrower, Shri S. K. Pandey, counsel for the respondent-Auction Purchaser,

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Perusal of the earlier order dated 23.03.2022 of this appellate Tribunal shows that the learned counsel for the borrower had argued that the core question involved in the present matter is pertaining to the map sanctioned by the Nagar Nigam, Bhopal and it was pointed out that the direction dated 10.09.2021 passed by this Tribunal has not been complied with.

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Learned counsel for the appellant has drawn attention of this Tribunal towards the order dated 04.02.2020 passed by the Hon’ble High Court, Jabalpur, Madhya Pradesh in M.P. 6658/2019 and has relied upon the last para of this Judgment stating that the matter was remanded back to this Appellate Tribunal to look into the authenticity of the approved plan, which was to be produced by the Nagar Nigam Bhopal. The aforesaid order is stated to be on record.

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Learned counsel for the appellant has further drawn attention towards the orders dated 12.01.2021 and 10.09.2021 of this Tribunal and has argued that this Appellate Tribunal had directed the Commissioner, Nagar Nigam, Bhopal to produce the original record with competent official on the next date and vide order dated 10.09.2021, this Tribunal observed that in case the relevant records are not produced by the Commissioner, Nagar Nigam, Bhopal along with competent

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official positively on the next date, appropriate action for noncompliance of the order shall be initiated.

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It is contended on behalf of the appellant that the Bank had filed an affidavit before this Tribunal showing that the orders/directions of this Appellate Tribunal were duly served upon the Commissioner, Nagar Nigam, Bhopal, but the documents as requisitioned were not submitted before this Tribunal by the Commissioner, Nagar Nigam, Bhopal.

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The registry of this Tribunal has produced a letter dated 03.06.2022 before this Tribunal, by which the Commissioner, Nagar Nigam, Bhopal was informed that this Tribunal shall be holding Camp Court at Bhopal on 14.06.2022 and requested that the relevant documents may be produced before this Appellate Tribunal at Camp Court Bhopal. The said letter is also on record.

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Inspite of the information being sent to the Commissioner, Nagar Nigam, Bhopal, which were duly received by him, no competent official along with relevant record has been sent to produce the sanctioned map before this Tribunal for going into the authenticity of the map. Such act of the Commissioner amounts to deliberate interference with administration of justice, which in turn amounts to contempt. Let the matter be posted in the first week of July, 2022 i.e. on 05.07.2022. The Commissioner, Nagar Nigam, Bhopal is directed to appear in person before this Tribunal to show the cause, as to why the contempt proceedings may not be drawn against him for disobeying the orders dated 12.01.2021 and 10.09.2021 willfully.

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Let the registry serve a copy of this order upon the Commissioner, Nagar Nigam, Bhopal through C.J.M, Bhopal so

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that he can comply with this order and be present before this Tribunal on the next date and file the proof of service on the next date to show that the order has been served upon the Commissioner, Nagar Nigam, Bhopal.

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List this case on 05.07.2022 for order.

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Justice R. D. Khare Chairperson

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VN Giri

State Bank of India and Anr. v. Kalpana Agrawal and Ors.

Case brief

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State Bank of India and Anr. v. Kalpana Agrawal and Ors.

Case brief

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