Smt Kusum Lata Soni v. Union Bank of India

Appeal Dy. No. 706/2022 Date: 26.09.2022

Smt. Kusum Lata Soni Vs. Union Bank of India Present: Shri V. K. Shukla, counsel for the appellant,

Heard the learned counsel for the appellant.

Learned counsel for the appellant submits that the respondent-Bank without issuing notice is proceeding with the matter and sale notice has also been issued, copy of which has been appended at page no. 121, as annexure 3, to the memo of appeal. It is further contended that only on oral submission made by the respondent-Bank, the interim application of appellant was rejected by the Tribunal below, which was challenged by the appellant before the Hon’ble High Court by way of writ C No. 27692 of 2022, in which an interim protection was granted to the appellant vide order dated 12.09.2022, copy of which has been appended at page no. 124, as annexure no. 8 to the memo of appeal.

In the last, it is prayed that the interest of the appellant may be protected.

Considering the facts and circumstances of the case and the order passed by the Hon’ble High Court, it would be just and proper to direct the parties concerned to maintain the status quo with regard to the property in question till the final decision of the S.A. pending before the Tribunal below. Accordingly, the parties concerned are directed to maintain the status quo qua the property in question till final decision of the S.A. pending before the Tribunal below.

The present appeal has been filed by the appellant against an interim order passed by the Tribunal below praying for interim relief and the same has been granted by this Tribunal to the appellant. As such there remains nothing to be adjudicated in the present case, therefore, the present appeal stands disposed off with the direction to the Tribunal below to decide the S.A. filed by the appellant preferably within two months from the date of receipt of copy of this order.