Udai Bir v. Noble Co. Opretive Bank Ltd.

Appeal Dy. No. 124/2022 Date: 03.03.2023

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,

Heard the learned counsel for the parties on the urgency application being I.A. No. 167/2023.

Learned counsel for the appellant submits that on the last date of hearing i.e. 06.01.2023, the learned counsel for the respondent-bank had undertaken that the house-hold articles, which were not mortgaged, shall be returned to the appellant within a week, but till date the Bank has not returned the same to the appellant.

Learned counsel for the responded-Bank submits that inspite of giving written notice, the appellant has not responded to take possession of the articles.

Learned counsel for the appellant submits that in response to the said notice, the appellant had gone to the premises to receive the house-hold articles, but the Bank refused to return the same stating that the concerned police personnel may be called for by the appellant, then only the house-hold articles shall be returned.

Learned counsel for the respondent-Bank further submits that the appellant is likely to create some problems at the time of giving possession of the articles, therefore, the police is required.

Learned counsel for the appellant submits that a date may be fixed by this Tribunal, on which date the owner of the