In a regular appeal regarding recovery proceedings and an insurance claim pending before the National Consumer Commission, the tribunal rejected an expedite application to dismiss a debt recovery case and disposed of an application seeking deferment of proceedings, directing future listing.
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Regular Appeal No. 49/2019 Date: 09.11.2022
ICICI Bank Ltd. Vs. Deepak Hada & Ors.
Present: Shri Vinod Kumar Pandey, counsel for the appellant, Shri Kushal Kant along with Shri Ashok Srivastava, counsels for the applicants/respondents,
Learned counsel for the appellant-Bank files objection to the application filed by the applicant/respondents.
Heard the learned counsel for the applicant.
As per report of the Registrar dated 02.11.2022, the matter has already been fixed for 22.11.2022. However, it has been averred that the Recovery Officer, DRT, Allahabad is proceeding in DRC No. 414/2019 and has issued Form 17, which is related to the sale of the immovable property, copy of which has been appended as annexure no. 3 to the urgency application being I.A. No. 534/2022. Perusal of the order dated 14.10.2022 passed in DRC No. 414/2019 shows that the counsels were directed to submit their written submissions in respect of the report and objection filed by respective opposite parties and the matter was directed to be listed on 31.10.2022. There is nothing on record to show as to what happened on 31.10.2022. Accordingly, the expedite application being I.A. No. 534/2022 is hereby rejected.
An application being I.A. No. 409/2022 has been filed for issuing direction for deferment of the recovery proceedings pending before the Recovery Officer pursuant to the order dated 12.09.2022 passed in DRC No. 414/2019. In view of the fact that insurance claim is still pending before the National Consumer Commission, New Delhi, in which the next date fixed is 17.11.2022 for hearing on I.A. The appellant has remedy open to him for moving appropriate application before
the Tribunal below for relief as claimed for in view of the pendency of the proceedings before the National Consumer Commission, New Delhi.
In view of the above, the application being I.A. No. 409/2022 is disposed off.
List this case along with connected appeals on 22.11.2022.
Justice R. D. Khare Chairperson
Anupam
ICICI Bank Ltd.
Deepak Hada & Ors.
R. D. Khare
Anupam
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
