Udai Bir v. Noble Co. Opretive Bank Ltd.

Appeal Dy. No. 124/2022 Date: 19.10.2022

Udai Bir Vs. Noble Co-operative Bank Ltd.

Present: Shri Harsh Chopra, counsel for the appellant, Shri V. K. Dixit, counsel for the respondent-Bank,

Heard the learned counsels for the parties.

Learned counsel for the appellant submits that on Sunday the possession of the property has been taken by the respondentBank inspite of the fact that amount of Rs. 11.48 lacs was deposited after issuance of notice dated 06.12.2017 under section 13(2) of the SARFAESI Act and today he deposits Rs. 18.00 lacs vide Demand Draft No. 001652 for Rs. 8.00 lacs, DD No. 001086 for Rs. 5.00 lacs, DD No. 001087 for Rs. 3.00 lacs and D.D. No. 001653 for Rs. 2.00 lacs. The learned counsel for the appellant further submits that the Bank may be directed to provide the statement of account so that the appellant can pay the remaining dues of the Bank immediately. Therefore, it is prayed that in the meantime, the respondent-Bank may be directed to de-seal the property in question.

Since today is the date fixed for taking-up the urgency application, therefore, the case be put up tomorrow for considering the interim relief.

Learned counsel for the respondent-Bank submits that due to some personal difficulty, he is unable to appear tomorrow before this Tribunal, therefore, the case may be listed after Deepawali festival. He further submits that if the appellant is adamant for listing the case tomorrow for hearing on interim relief, the status quo order may be passed today itself, but a short date may be fixed.

In view of the submissions made by the learned counsels, the parties concerned are directed to maintain the status quo qua the property in question as it exists today, till the next date.