An appeal where the court rejected an urgency application filed by the appellant. The court found no record of an imminent hearing date or fixed possession date, deeming the apprehension of forceful possession unreasonable. The expedite application was dismissed, and the case retained its existing hearing date.
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Appeal Dy. No. 168/2021 Date: 03.01.2023
M/s UR Engineering Company & Ors. Vs. Bank of Maharashtra & Anr.
Present: Shri V. K. Shukla, counsel for the appellants, Shri Vivek Yadav, Advocate holding brief of Mrs. Shruti Malviya, counsel for the respondent-Bank,
Heard the learned counsel for the applicant on the urgency application being I.A. No. 723/2022.
It is contended that pursuant to the order dated 29.08.2022 passed by the Tehsildar, Dewas in compliance of the order dated 24.05.2018 of the concerned District Magistrate, the respondent-Bank is trying to take physical possession of the property in dispute shortly, therefore, the present expedite application has been filed.
There is nothing on record to show that what date has been fixed by the authority concerned for taking physical possession of the property in question by the respondentBank. It is only an apprehension of the appellant that the Bank will take forcefully possession of the property in question at any time, hence it appears that there is no urgency in the matter, therefore, the expedite application is liable to be rejected. The report of the registrar dated 22.12.2022 shows that the next date already fixed in the matter is 20.01.2023. Accordingly, the urgency application being I.A. No. 723/2022 is rejected and let the case be listed on the date already fixed i.e. 20.01.2023.
Justice R. D. Khare
Chairperson
Anupam
M/s UR Engineering Company & Ors.
Bank of Maharashtra & Anr.
R. D. Khare
Anupam
As recorded by the court registry
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