Allowed an urgency application to prepone a hearing date, ordering deposited money to be kept in a Fixed Deposit Receipt in a Nationalized Bank for six months.
Urgency application allowed; next hearing preponed; deposited amount ordered to be kept in FDR in Nationalized Bank for six months.
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Appeal Dy. No. 18/2020 Date: 18.01.2023
Sharvan Kumar Shukla Vs. Bank of Baroda & Ors.
Present: Shri D. N. Awasthi, counsel for the applicant, Shri Maneesh Mehrotra, counsel for the respondent-Bank,
Heard the learned counsel for the applicant on the urgency application being I.A. No. 38/2023.
It is contended that the appellant has already deposited Rs. 7,70,000/- before this Tribunal and another demand draft no. 637804 dated 11.01.2023 for Rs. 7,70,000/- is being deposited today, which is approximately 50% of debt due. As per report of the Registrar dated 17.01.2023, the next date already fixed in this case is 07.02.2023. The said urgency application has been filed on the ground that the effect and operation of the judgment and decree passed by the Tribunal below be kept in abeyance as the Recovery Officer is proceeding with the mortgage property of the appellant pursuant to the said judgment.
The ground taken in the application appears to be valid, therefore, the urgency application is allowed and the date already fixed for 07.02.2023 is preponed to 30.01.2023. The amount deposited by the appellant be kept in the shape of FDR in the Nationalized Bank for a period of six months in auto renewal scheme.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether to grant an adjournment in the urgency application to postpone the next hearing date.
Sharvan Kumar Shukla
Bank of Baroda
R. D. Khare
As recorded by the court registry
16 orders share this CNR
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