Pooja Govil and Ors. v. Icici Bank Limited and Ors.

M.A. No. 06/2023 In Appeal Dy. No. 452/2021 Date: 20.03.2023

Pooja Govil and Ors. Vs. I C I C I Bank Ltd. and Ors.

Present: Shri Rohan Gupta, counsel for the appellant, Shri Ashok Kumar, Advocate holding brief of Shri Kundan Rai, counsel for the respondent-Bank, None for the respondents No. 2 and 3,

Learned counsel for the appellants contends that appellants are not the borrowers, as they are aggrieved party in as much as their share was also mortgaged by the other share holders of the property in question without their knowledge. Learned counsel further submits that appellants have never executed any documents to the said transaction made between the Bank and the borrower-respondent no. 2. As such they are not borrowers, therefore, no amount is due to be paid by the appellants, therefore, no pre-deposit is required to be made by them for maintaining the appeal.

Learned counsel for the respondent-Bank seeks time to file reply to the submission made by the counsel for the appellant.

List this case on 18.05.2023 for reply.

Justice R. D. Khare Chairperson

Anupam