Mohammad Umar v. Punjab and Sind Bank

Appeal Dy. No. 624/2022 Date: 23.01.2023

Mohammad Umar Vs. Punjab & Sind Bank & Anr.

Present: Shri S. K. Gupta, counsel for the appellant, Shri K. K. Tiwari, counsel for the respondent-Bank, Shri Mohd. Hamza Beg, counsel for the respondent-Auction Purchaser,

Heard the learned counsels for the parties.

It is contended that the order impugned was passed on 26.08.2022 by the Tribunal below on the ground that the earlier order of the Tribunal below dated 30.11.2021 was not complied with by the appellant. Learned counsel further contends that there was no such direction in the said order, which was to be complied with by the appellant, whereas there was direction upon the Bank to file the entire documents pertaining to mortgage on the next date. As such the Tribunal below has wrongly made observation that the appellant has failed to comply with the order dated 30.11.2021 and vacated the interim relief vide order impugned.

Be that as it may, the present appeal is disposed of with direction to the Tribunal below to decide the S.A. No. 513/2021 most expeditiously in accordance with law, preferably within two months from the date of production of certified copy of this order. The appellant may move an application for grant of interim relief before the Tribunal below, if so desired.

Justice R. D. Khare Chairperson

Anupam