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

Appeal Dy. No. 1536/2023 Date: 18.12.2023

Pawan Kumar Soni & Ors. Vs. PNB Housing Finance Ltd.

Present: Shri V. K. Shukla, counsel for the appellant, Shri Alok Rai, Advocate holding brief of Shri Prashant Pandey, counsel for the respondent-Bank,

Heard the learned counsels for the parties.

The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 21.08.2023 passed by the DRT, Jabalpur in S.A. No. 308/2020, whereby the S.A. has been dismissed on the ground of limitation.

The report of the Registrar dated 13.12.2023 shows that I.A. No. 1005/2023 being waiver application, I.A. No. 1006/2023 being urgency application and I.A. No. 1008/2023 being delay condonation application have been filed.

Since the matter has been taken up today, therefore the urgency application being I.A. No. 1006/2023 has become infructuous and is disposed off as such.

Learned counsel for the appellant submits that a notice dated 20.11.2023 has been given to the appellant by the Tehsildar concerned for taking possession of the property in question on 22.12.2023, which is appended as annexure no. 2 to the stay application being I.A. no. 1007/2023.

Learned counsel for the respondent-Bank submits that the matter may be posted for 21.12.2023 and in the meantime, he may obtain instruction in this regard.