Canara Bank v. Smt. Kavita Agarwal and Another

Appeal Dy. No. 266/2023 Date: 13.04.2023

Canara Bank Vs. Smt. Kavita Agarwal & Anr. Present: Shri A. K. Pal, counsel for the appellant,

Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 31.01.2023 passed by the Tribunal below in S.A. No. 601/2022. The report of the registrar dated 03.04.2023 shows that the I.A. No. 178/2023 being stay application is pending consideration.

Vide order impugned, the Tribunal below has directed the parties to maintain the status quo qua the property in question. The impugned order takes note of the fact that the property of the appellant was auctioned on 20.01.2023 and physical possession of the same was taken on 06.10.2022 without preparing the inventory and Panchanama and all the movable assets are lying with the property in question. Further, the S.A.-applicant is residing outside with her family members, therefore, a request was that the respondent-bank may be restrained from removing the movable asset from the property in question. It is also noted in the impugned order that the auction purchaser has not been made the party in the S.A., for which liberty has been granted.

After hearing the learned counsel for the appellant and perusing the impugned order, prima facie no good ground has been made, which may warrant any interference in the order impugned, therefore, the appeal is liable to be dismissed. Accordingly, the same is dismissed.

Justice R. D. Khare Chairperson

Anupam