Smt Poonam Gupta v. Bank of India and 2 Ors.

Appeal Dy. No. 279/2022 Date: 16.06.2022

Smt. Poonam Gupta Vs. Bank of India

Present: Shri S. K. Gupta, counsel for the appellant, Shri Arif Ikbal, counsel for the respondent-Bank, Shri Rajneesh Kesharwani, Advocate holding brief of Shri Raj Kumar Tiwari, counsel for the respondent no. 2,

Learned counsel for the appellant submits that the demand was for approximately Rs. 32.00 lacs and an amount of Rs. 5.00 lacs has been deposited by the appellant with the Bank. The respondent-Bank has also realized a sum of Rs. 99.91 lacs from auction sale of the property in question, as such the Bank has realized more than 50% of the total debt due, hence no further pre-deposit is required to be made by the appellant for maintaining the appeal.

Learned counsel for the respondent-Bank submits that the demand against the appellant is of Rs. 1.32 crore, therefore, the contention as raised by the appellant is not correct and the waiver application filed by the appellant cannot be allowed.

Learned counsel for the appellant further submits that the copy of memo and waiver has not been given to him. Learned counsel for the appellant undertakes to serve the same upon the counsel for the appellant-Bank during course of the day, who may file response within a week.

Learned counsel for the appellant contends that the property has been auctioned for Rs. 99.91 lacs on the basis of antedated affidavit, which cannot be done as per law. In support of it, the learned counsel relies upon a judgment dated 07.05.2018 passed by the Hon’ble High Court, Allahabad in Writ-C No. 11913 of 2018- Smt. Sonika Singh