On an urgency application regarding procedural irregularity in listing, an interim order postponed the hearing date.
Urgency application disposed of; matter postponed to 15.12.2022.
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Regular Appeal No. 57/2022 Date: 10.11.2022
M/s Gulati Electronics Vs. Punjab National Bank
Present: Shri Amit Sonkar, Advocate holding brief of Shri Prashant Kumar, counsel for the appellant, Shri Sanjai Singh, counsel for the respondent-Bank,
Heard the learned counsel for the appellant on the urgency application being I.A. No. 543/2022.
It is contended that vide order dated 20.09.2022 passed by this Tribunal, the case was inadvertently fixed for 30.10.2022, which was Sunday. It is further contended that the appellant was under impression that the case will be listed after one week, but it came up in the supplementary cause list of 31.10.2022, which could not be communicated to the appellant or his counsel, therefore, nobody could appear and the matter was posted for 11.01.2023. It is contended that the District Magistrate concerned has passed the order dated 31.10.2022 regarding taking possession of the secured asset, copy of which is stated to have been filed as annexure no. 1 to the present application, but no such order has been filed along with this application.
It is further contended that some unknown person had come to the house of the appellant on 01.11.2022 claiming himself to be a recovery agent of the respondent-Bank and asked the appellant to vacate the house, otherwise the possession will be taken forcibly. Thereafter, the appellant made enquiry and came to know of the order dated 31.10.2022 passed by the District Magistrate. It is thus prayed that the matter may be preponed, which is directed to be listed on 11.01.2023.
Seeing the totality of the matter, let the matter be preponed from 11.01.2023 to 15.12.2022. Accordingly, the urgency application stands disposed off.
List this case on 15.12.2022.
Justice R. D. Khare Chairperson
VN Giri
M/s Gulati Electronics
Punjab National Bank
R. D. Khare
VN Giri
As recorded by the court registry
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