Vijay Kumar v. Union Bank of India
Case brief
What is this about?
The Court allowed an urgency application to prepone a hearing on interim relief in a recovery case. The appellant had deposited over 50% of the dues. The date was moved to 19.12.2023, and the fresh deposit of Rs. 11.00 lacs was ordered to be kept as an FDR.
What did the court decide?
Allowed the urgency application; postponed the hearing to 19.12.2023; ordered the fresh deposit of Rs. 11.00 lacs to be kept as FDR.
What the court decided
Appeal Dy. No. 1002/2022 Date: 18.12.2023
Vijay Kumar Vs. Union Bank of India
Present: Shri Satyajeet Mukherjee, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent-bank,
Heard the learned counsel for the applicant on the urgency application being I.A. No. 1012/2023.
Learned counsel for the applicant contends that the possession is likely to be taken tomorrow i.e. 19.12.2023, which is the only house, wherein the applicant resides. However, the applicant has already deposited Rs. 22.00 lacs against the demand of Rs. 42.85 lacs and odd and today Rs. 11.00 lacs through demand draft no. 315505 dated 02.12.2023 is being deposited towards pre-deposit. As such total amount of Rs. 33.00 lacs has been deposited, which is more than 50% of the amount due. Therefore, the matter may be preponed for hearing on the waiver as well as interim relief.
After hearing the learned counsel for the applicant and perusing the averment as made in the urgency application, the same is allowed and the date already fixed for 04.01.2024 is preponed to 19.12.2023. Let the amount of Rs. 11.00 lacs be kept in the form of FDR in the nationalized Bank for a period of one year in auto renewal scheme.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether to grant interim relief and prepone the hearing date in a recovery proceeding.
Whether to allow a fresh pre-deposit to be kept as Fixed Deposit Receipt.
Parties & counsel
- appellant
Vijay Kumar
- respondent
Union Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
16 orders share this CNR
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