Punjab National Bank v. Amzad Hussain

Appeal Dy. No. 555/2022 Date: 14.07.2023

Punjab National Bank Vs. Amzad Hussain

Present: Shri S. K. Pandey, counsel for the appellant, Shri Anuj Mandhyan, counsel for the respondent nos. 1 & 2, Shri N. K. Dwivedi, counsel for the respondent no. 3, Shri Shashank Johri, respondent no. 4- In person

Learned counsel for the appellant files rejoinder after serving copy of the same upon the counsels for the respondents.

Learned counsel for the appellant submits the inspite of the submission made by respondent, which has been recorded in the order dated 29.05.2023, the respondent has not approached the Bank with clean hand and he wanted to settle the account under the OTS scheme. It is contended that when the auction has been held and the amount has been received by the Bank, no OTS can be considered and unless the appellant deposits the entire amount including expenses, interest and costs, the case of the appellant cannot be considered.

Learned counsel for the respondent no. 1 contends that the Bank is not giving any statement of account indicating that what amount is due against him and he undertakes to pay the entire amount as per the statement of the Bank.

Let the statement of account be given by the Bank within a week to the respondent no. 1, who may deposit the amount as mentioned in the same within two months. Learned counsel for the respondent no. 1 submits that the demand draft deposited with the Bank has been returned to him by the Bank, but he states that the said draft shall again be deposited with the Bank within two days.