Remanded

Mohammad Waseem v. Punjab National Bank and Ors.

DRAT12 Mar 2024

Case brief

AI extract

What is this about?

This judgment records an appeal regarding the execution of a mortgage. The appellant, representing the legal heir of the mortgagor, argued non-impleadment and lack of notice. The appellate court remanded the matter to the Tribunal for a fresh decision within three months, allowing the appellant to apply for interim possession, while maintaining the status quo order temporarily.

What did the court decide?

Matter remanded to the Tribunal below for fresh decision within 3 months; liberty to apply for interim possession order.

Mohammad Waseem versus Punjab National Bank and Ors. — Execution and Attachment | DRAT (2024)

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Appeal Dy. No. 1015/2022 Date: 12.03.2024

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Mohammad Waseem Vs. Punjab National Bank and Ors.

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Present: Shri S. K. Gupta, counsel for the appellant, Shri Shalendra Kumar, counsel for the respondent-Bank, Shri Anirudh Upadhyay, counsel for the respondent no. 4- Auction Purchaser,

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Learned counsel for the appellant contends that the present appeal is filed by the legal heir of the mortgagor, who has not been impleaded as party by the respondent-Bank and the notice was not served upon them, therefore, the condition of pre-deposit will not apply.

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Learned counsel for the respondent-Bank submits that the Bank has never been intimated that the mortgagor (father of the appellant) has expired.

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Learned counsel for the appellant submits that the matter may be remanded back with direction upon the Tribunal below to decide it afresh within the time frame, but till that time, the possession of the property in question may not be disturbed by the Bank.

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Learned counsel for the respondent-bank submits that he has no objection, if the matter is remanded back for its adjudication before the Tribunal below, but the status quo order may not be extended.

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After hearing the learned counsels for the parties, the matter is remanded back to the Tribunal below for deciding it afresh strictly in accordance with law most expeditiously, preferably within a period of 3 months, from the date of production of certified copy of this order. The appellant will have liberty to move an application within a week for grant of interim order

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regarding possession before the Tribunal below. If such application is filed within that stipulated period, the same shall be decided by the Tribunal below within 15 days from the date of filing of the same. Till the expiry of three weeks or disposal of the interim application filed by the appellant, whichever is earlier, status quo order granted by this Tribunal in the present case shall remain operative.

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Justice R. D. Khare Chairperson

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Anupam

Mohammad Waseem v. Punjab National Bank and Ors.

Case brief

What is this about?

What did the court decide?

Mohammad Waseem v. Punjab National Bank and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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