Disposed

Thakur Prasad Shukla v. Icici Bank Limited and 5 Ors.

DRAT11 Nov 2024

Case brief

AI extract

What is this about?

Appellant appealed against an order directing deposit of dues. Court noted appellant's cancer and scheduled possession date. Court accepted undertaking to deposit amount as per Tribunal order and ordered restraint on physical possession of property until deposit is made, otherwise sale may proceed.

What did the court decide?

Order of Bank to take physical possession restrained pending deposit of remaining dues by appellant as per Tribunal order dated 24.09.2024.

Thakur Prasad Shukla versus Icici Bank Limited and 5 Ors. — Property and Title | DRAT (2024)

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Appeal Dy. No. 1650/2024 Date: 11.11.2024

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Thakur Prasad Shukla Vs. ICICI Bank Ltd. & 5 Ors.

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Present: Shri K. K. Tiwari, counsel for the appellant, Shri Rana Rahul Singh, counsel for the respondent-Bank,

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Heard the learned counsels for the parties.

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Learned counsel for the appellant contends that a total sum of Rs. 82,51,413/- has been deposited by the appellant, which is more than 25% of the debt due and also states that possession of the property in question is scheduled to be taken tomorrow i.e. 12.11.2024, therefore, interest of the appellant may be protected.

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Learned counsel for the appellant further states that he shall comply with the order dated 24.09.2024 of the Tribunal below, whereby the appellant has been directed to deposit Rs. 1.25 crores and further states that the said amount shall be deposited by the appellant within 15 days as the amount could not be arranged because the appellant is suffering from cancer.

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Learned counsel for the respondent-Bank submits that after adjusting a sum of Rs. 69.17 lacs as deposited by the appellant, as on today the amount due is Rs. 3.42 crores, therefore, the appellant is required to deposit minimum 25% of the said amount for maintaining the appeal. Learned counsel further contends that the appellant has not complied with the order passed by the Tribunal below as well as order of this Tribunal.

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In view of the above, it is directed that the appellant shall deposit the amount as per direction of the Tribunal below vide

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order dated 24.09.2024 within the time as undertaken above and till then the respondent-Bank is restrained from taking physical possession of the property in question. If the amount is not deposited by the appellant within the stipulated period as undertaken above, the respondent-Bank shall be free to proceed with the matter in accordance with law.

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In the above terms, the appeal is finally disposed off.

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Justice R. D. Khare Chairperson

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Anupam

Thakur Prasad Shukla v. Icici Bank Limited and 5 Ors.

Case brief

What is this about?

What did the court decide?

Thakur Prasad Shukla v. Icici Bank Limited and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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