Punjab National Bank v. Binod Kumar and Ors.
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Regular Appeal No. 48/2022 Date: 29.09.2022
Punjab National Bank Vs. Binod Kumar and Ors.
Present: Shri S. K. Srivastava, counsel for the appellant-Bank, Shri S. K. Gupta, counsel for the respondents no. 1 & 2- Borrowers, Shri V. K. Shukla, counsel for the respondents no. 3 to 6
Heard the learned counsels for the parties on the urgency application being I.A. No. 411/2022.
Learned counsel for the respondents-borrowers submits that the learned DRT, Patna has partly allowed the S.A. No. 18/2017 filed by the borrower and set aside the auction dated 20.05.2015. It is contended that since the possession of the property has been taken by the Bank, therefore, on account of ex-parte interim order dated 18.12.2019, the Bank has not handed over the possession of house to the borrower. It is further submitted that inspite of last opportunity being granted to the appellant-bank, no rejoinder has been filed till date and the interim order is being enjoyed by the appellant. It is also submitted that the matter was listed for 28.07.2022, but on account of non availability of this court, the Registry had fixed the matter for 30.08.2022 and thereafter, the matter was fixed for 18.11.2022. It is therefore prayed that the proceedings of the matter may be expedited by preponing the date from 18.11.2022 to an early date.
In view of the above, the urgency application being I.A. No. 411/2022 is allowed and the date already fixed for 18.11.2022 is preponed to 20.10.2022.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the urgency application seeking preponement of hearing date should be allowed.
Parties & counsel
- appellant
Punjab National Bank
- respondent
Binod Kumar
Coram
R. D. Khare
Case details
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15 orders share this CNR
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