The Court allowed an urgency application to prepon a posting. The justice directed the Bank's counsel to inform the appellant's counsel about the new date within 48 hours regarding a rent matter.
Hearing date preponed to 11.01.2023; Bank counsel to inform appellant counsel within 48 hours.
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Appeal Dy. No. 117/2022 Date: 06.01.2023
M/s Divine Electricals and Home Appliances Pvt. Ltd. Vs. Punjab & Sind Bank & Anr.
Present: None for the appellant, Shri K. K. Tiwari, counsel for the applicant/respondent-Bank, Shri Alok Rai, counsel for the respondent no. 3-Auction Purchaser,
Heard the learned counsel for the applicant on the urgency application being I.A. No. 09/2023.
Learned counsel for the applicant submits that on account of non-cooperative attitude of the appellant, the Bank is paying rent of the building unnecessarily. The Advocate commissioner, who was appointed, has filed his report, in which he has also pointed out that the appellant–borrower has not co-operated with him during the visit of the property in question. The report filed by the Advocate Commissioner is on record. Therefore, there is urgency in the matter, hence the date already fixed may be preponed to an early date.
In view of the above, the urgency application is allowed and the date already fixed i.e. 20.01.2023 is preponed to 11.01.2023.
Learned counsel for the Bank Shri K. K. Tiwari is directed to inform Shri V. K. Shukla, counsel for the appellant about the order passed today in writing within 48 hours.
Justice R. D. Khare Chairperson
Anupam
M/s Divine Electricals and Home Appliances Pvt. Ltd.
Punjab & Sind Bank
Anr.
R. D. Khare
As recorded by the court registry
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