Bhuleram Chaudhary v. Uttarakhand Gramin Bank and Anr.

Appeal Dy. No. 203/2019 Date: 23.05.2023

Present: Shri K. N. Yadav, counsel for the appellant, Shri V. K. Shukla, counsel for the respondent-Bank,

Learned counsel for the appellant undertakes to deposit 25% of the amount due within 30 days from today towards predeposit.

Learned counsel for the appellant has filed a supplementary affidavit today in court, wherein it is stated that pursuant to the notice dated 27.04.2023, the respondent-Bank has taken physical possession of the secured asset on 19.05.2023 along with the Tehsildar, but the Tehsildar has given 5 days’ time to get an interim order from this Tribunal or any court of law, failing which the actual possession of the property taken on 19.05.2023 will remain in force. It is, therefore, prayed that the interim protection may be granted to the appellant.

In view of the above, the appellant shall deposit 25% of the amount due within 30 days from today to make the appeal entertainable in the form of demand draft favouring the Registrar, DRAT, Allahabad, who shall keep the same in the shape of FDR for a period of one year in the Nationalized Bank in auto renewal scheme. If the appellant does not deposit the said amount within the time as undertaken by him i.e. upto 22.06.2023, the appeal shall stand automatically dismissed as not entertainable for want of mandatory pre-deposit without further reference to this court and the interim protection granted today shall also stand automatically vacated and the Bank shall be at liberty to proceed with in accordance with law.

List this case on 14.07.2023. In the meantime, the status quo qua the property in question shall be maintained by all the parties as it exists today till the next date fixed.

Justice R. D. Khare Chairperson