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

Appeal Dy. No. 452/2021 Date: 30.01.2023

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 appellant submits that the respondent no. 4 is District Magistrate, therefore, no notice is required to be served.

Learned counsels for the respondents may file reply by the next date fixed.

Learned counsel for the appellants submits that the appellants had filed the S.A. No. 86/2020 before the DRT, Lucknow, challenging the entire proceedings of the Bank and in para 4 of the said S.A., the appellants had explained in detail regarding point of limitation and the other points, which they have raised in the present appeal also. It is further submitted that the Tribunal below has dismissed the said S.A. on the ground of limitation besides other grounds without considering the pleadings, which were taken in para 4 of the said S.A., therefore, the order impugned cannot be sustained.

It is also submitted that Shri M. K. Agarwal, father of the respondent no. 2 had purchased the property in question and he died intestate on 23.11.2013 leaving behind the appellants (three daughters), respondent no. 2 (one son) and the respondent no. 3 (wife) as legal heirs. The respondent no. 2 claiming the sole ownership of the entire property on the basis of sale deed dated 25.07.2016 executed by the respondent no. 3 took the loan from the respondent-Bank to the tune of Rs. 1.10. crores as O.D. and another term loan of