Nainital Bank v. M/ S Chitra Chaurasiya

Appeal Dy. No. 1190/2022 Date: 15.03.2023

Nainital Bank Vs. M/s Chitra Chaurasiya

Present: Shri Rakesh Mishra, counsel for the appellant, Shri Sahil Srivastava, counsel for the respondent-Auction Purchaser,

Heard the learned counsel for the applicant on the urgency application being I.A. No. 191/2023, which has been filed on the ground that inspite of the fact that the respondentAuction Purchaser had deposited Rs. 29.75 lacs towards sale consideration/auction money and the sale was confirmed in favour of the respondent-auction purchaser on 14.10.2015, but the possession of the property in question has not been given by the Bank to the auction purchaser inspite of repeated request nor money has been refunded, for which the respondent-Auction Purchaser approached before the DRT, Lucknow by filing the S.A. No. 80/2018, which was allowed by the Tribunal below on 20.09.2022 directing the appellantBank to refund the amount of Rs. 29.75 Lacs along with interest @ 9% per annum within one month and also directed the Bank to pay a cost of Rs. 1.50 lacs to the auction purchaser and if the Bank fails to comply with the order, it was directed that the same may be recovered by the District Magistrate as arrears of the land revenue and pay the same to the respondent-Auction Purchaser. It is contended that when the Bank had failed to comply with the order of the DRT, the respondent-Auction Purchaser approached before the District Magistrate for recovery of the said amount. Thereafter, the respondent-Auction Purchaser approached before the Hon’ble High Court, Lucknow bench by filing the writ petition no. 1700 of 2023, which was finally disposed off vide order dated 02.03.2023, copy of which has been appended as annexure no. 1 to the urgency application. It is contended that against the order of the DRT, Lucnknow, the

Bank has filed the appeal Dy. No. 1190/2022 before this Tribunal, which is listed on 05.04.2023.

In view of the above, the urgency application is allowed and the date already fixed for 05.04.2023 is preponed to 28.03.2023.