Jagannath Saini v. Bank of Baroda
Case brief
What is this about?
This appellate order directs the maintenance of status quo regarding disputed property until the substantive Special Appeal is disposed of or three months from January 20, 2025, whichever is earlier, to prevent litigation delay.
What did the court decide?
Direction to maintain status quo regarding the property pending disposal of the Special Appeal or expiry of three months.
What the court decided
Camp Court at Bhopal
Appeal Dy. No. 193/2025 Date: 14.02.2025
Jagannath Saini Vs. Bank of Baroda
Present: Shri Akshat Agarwal, Advocate holding brief of Shri Shivaji Maura, counsel for the appellants,
Shri Avinash Jaiswal, Advocate appears through V.C. and files his vakalatnama on behalf of the respondent-Bank.
Heard the learned counsels for the parties.
Learned counsel for the appellant submits that in compliance of the order dated 30.01.2025 of this Appellate Tribunal, the appellant filed an application before the Tribunal below for interim relief, but the same has again been rejected by the Tribunal below vide order impugned and the District Authority has also issued a notice dated 03.02.2025 for taking physical possession of the property in question on 17.02.2025. It is, therefore, prayed that the interest of the appellant may be protected.
It appears that the appellant had earlier filed a misc. application No. 04/2025 before this Tribunal, which was disposed off vide order dated 20.01.2025 directing the Tribunal below to decide the S.A. within a period of three months from the date of production of certified copy of the order, which shall expire on 20.04.2025. It also appears that the appellant filed another Appeal Dy. No. 131/2025 against an interim order dated 07.01.2025, whereby the stay application filed by the appellant was rejected by the Tribunal below and this Tribunal vide order dated 31.01.2025 disposed off the same with direction that the appellant shall file an application for interim relief before the
Issues for consideration
2 issues framed by the court
Whether the status quo of the impugned property should be maintained pending disposal of the substantive appeal.
Whether the respondent Bank can proceed with physical possession of the property given the Tribunal's earlier timeline.
Parties & counsel
- appellant
Jagannath Saini
- respondent
Bank of Baroda
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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