Partly allowed

Smt Leelawati Sharma and Anr. v. Bank of India and 2 Ors.

DRAT5 Jul 2022

Case brief

AI extract

What is this about?

Appellants sought to stay separate Special Appeal proceedings by another borrower and directed the Bank to file a reply. The Court rejected the stay request as issues were distinct and appellants were not borrowers/guarantors, but directed the Bank to file a reply within three weeks and listed the case.

What did the court decide?

Rejection of stay application; Direction to respondent-Bank to file reply within three weeks; Adjournment to next hearing date.

Smt Leelawati Sharma and Anr. versus Bank of India… — Civil Procedure and Limitation | DRAT (2022)

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I.A. No. 164/2022 and I.A. No. 152/2022 In Appeal Dy. No. 146/2020

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Date: 05.07.2022

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Smt. Leelawati Sharma and Anr. Vs. Bank of India and Ors.

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Present: Shri A. K. Srivastava, counsel for the appellants, Shri Supriy Mishra, counsel for the respondent-Bank,

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On the basis of urgency mentioned in the prayer clause of I.A. No. 152/2022, the same has been taken up today.

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Heard the learned counsel for the appellant on the IA No. 152/2022.

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Learned counsel for the appellant submits that a request was made on behalf of the appellant in S.A. No. 454/2018 filed by another party before the DRT, Jabalpur on the ground that the issues involved in the said S.A. is under challenge in the present appeal for adjudication, therefore, proceedings of the said S.A. may be stayed, but the Tribunal below has denied the same. It is further contended that inspite of several opportunities being granted to the respondent-Bank, no reply has been filed till date and the respondent-Bank is deliberately lingering the proceedings of the case. Hence, he prays that the present application may be allowed that the proceedings of the said S.A. pending before the Tribunal below be directed to be kept in abeyance till the final decision of the present appeal.

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In the last, the learned counsel also contends that if the present application is not allowed, then the respondent-Bank may be directed to file reply at the earliest so that the present appeal may be heard and decided.

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It appears that the S.A. No. 454/2018 has been filed by the borrower before the Tribunal below, which is pending

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consideration. The issues involved in the said S.A. are distinct and separate and are not connected with the present matter because the appellants are claiming themselves to be neither borrower nor guarantor, but they are co-sharer of the property in question. An interim protection has already been granted to the appellants in the present case. If the appellants are aggrieved by any order passed by the Tribunal below in the S.A. filed by another party, there is remedy available to the appellants to challenge the same.

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In view of the above, the present application is liable to be rejected, hence the same is rejected.

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In view of the submission made by the counsel for the appellant with regard to early disposal of the appeal, the respondent-Bank is directed to file reply within three weeks after serving a copy of the same to the counsel for the appellant, who may file rejoinder within a week thereafter.

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List this case on the date already fixed i.e. 12.08.2022.

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Justice R. D. Khare Chairperson

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VN Giri

Smt Leelawati Sharma and Anr. v. Bank of India and 2 Ors.

Case brief

What is this about?

What did the court decide?

Smt Leelawati Sharma and Anr. v. Bank of India and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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