Udai Bir v. Noble Co. Opretive Bank Ltd.

Appeal Dy. No. 124/2022 Date: 06.01.2023

Udai Bir Vs. Noble Co-operative Bank Ltd.

Present: Shri Harsh Chopra, counsel for the appellant, Shri V. K. Dixit, counsel for the respondent-Bank,

Learned counsel for the appellant submits that the articles, which are not mortgaged, have been taken by the respondent-bank while taking physical possession of the house and have sealed the same, for which the learned counsel for the respondent-Bank undertakes that the same shall be returned to the appellant within a week.

The office report dated 05.01.2023 shows that pursuant to the earlier order dated 01.11.2022, a letter was sent to the District Magistrate concerned seeking his response to the query made by this Tribunal, but no reply has been received from him. Let the reminder be sent to the District Magistrate concerned so that the reply may be put up on board on the next date fixed.

I.A. No. 506/2022 being objection on behalf of the respondents with regard to the maintainability of appeal, I.A. No. 526/2022 being objection for restoration of physical possession and I.A. No. 507/2022 being objection to the delay condonation application have been filed.

Let the learned counsel for the appellant file response to the aforesaid objections of the respondent.

List this case on 23.03.2023.

Justice R. D. Khare Chairperson