Pawan Kumar Soni and Others v. PNB Housing Finance Ltd.

Appeal Dy. No. 1536/2023 Date: 21.12.2023

Pawan Kumar Soni and Ors. Vs. Pnb Housing Finance Ltd.

Present: Shri V. K. Shukla, counsel for the appellant, Shri Prashant Pandey, counsel for the respondent-Bank,

Learned counsel for the appellant submits that against the demand notice dated 16.06.2019 for Rs. 15,35,684/-, the appellant had deposited a sum of Rs. 2,26,836/- with the respondent-Bank and Rs. 1.75 lacs before this Tribunal. As such more than 25% of the demand raised by the Bank has been deposited by the appellant.

Learned counsel for the respondent-Bank submits that after adjusting the amount paid by the appellant, as on date, the total outstanding amount against the appellant is Rs. 9.20 lacs.

Learned counsel for the appellant submits that he is ready to pay the entire actual amount due, but the amount as shown by the Bank is incorrect. However, the Bank may be directed to give the calculation of the amount payable by the appellant immediately so that the same can be paid forthwith, as the Bank is going to take the physical possession of the property in question tomorrow.

Learned counsel for the respondent-bank submits that he shall give the statement of account to the counsel for the appellant during course of the day, who may deposit the same by tomorrow so that the possession, which is proposed to be taken tomorrow, be stalled.

In view of the above, the date fixed for taking physical possession of the property in question is deferred to the next date fixed in the case, by which time the remaining outstanding has to be deposited by the appellant.