Smt. Koshal v. State Bank of India and 2 Ors.
Case brief
What is this about?
The Single Judge dismissed the urgent application for interim protection, noting no record evidence that the bank was proceeding against the property. Notices were issued to respondents, and the matter was listed for service.
What the court decided
A compact analysis
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Appeal Dy. No. 420/2021 Date: 08.04.2022
M/s Koshal Vs. State Bank of India
Present: Shri Rohan Gupta, counsel for the appellant,
Learned counsel for the appellant submits that on account of negligence of the Bank, the appellant is suffering a great loss. Learned counsel further states that the appellant is co-owner of the property in question along with the respondent no. 3, which is apparent from the sale deed. It is further contended that without consent of the appellant, equitable mortgage over the property in question was created by the respondent no. 3 with the Bank, whereas the appellant is co-owner and without notice, the Bank is proceeding against the property. It is argued that the matter is urgent and interim protection be granted.
There is nothing on record to show that the respondent-Bank is proceeding against the property, which may adversely affect the interest of appellant. If such action is taken by the respondentBank, then appellant would be free to move an application to that effect and the matter will be taken up.
Let the notices be issued upon the respondents by two modes i.e. registered post with A.D. and speed post. Steps to be taken by the appellant within 15 days. Affidavit of service along with tracking report be filed by the next date.
List this case on 02.08.2022 for service.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether grant of interim protection should be allowed without evidence that the respondent-Bank is proceeding against the property.
Parties & counsel
- appellant
M/s Koshal
- respondent
State Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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