Dismissed

Mr Imran Qureshi v. State Bank of India

DRT10 Oct 2022SA/9/2022

Case brief

AI extract

What is this about?

In this S.A. filed by an applicant against an order of the Deputy Magistrate, Meerut, the Applicant sought to set aside the order and get a stay on bank proceedings. The court found that the applicant failed to challenge the ADM order or the bank's sale, and since no dues remained, the S.A. was dismissed.

What did the court decide?

Chapter IX was not directly challenged; challenge to the ADM order was dismissed. No stay on bank proceedings granted.

Mr Imran Qureshi versus State Bank of India — Banking and Recovery | DRT (2022)

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l'-\

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IN THE DEBTS^{RECOVERYTRIBUNAL LUCKNOW}

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Present: A. H. Khan,^{Presiding Officer}

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Date of order l0-t0-2022

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S.A. No.09 of²⁰²²

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Present:-

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Counsel for the aPPlicant Mr.Abhishek Bhatnagar Counsel for the bank Mr.Alok Saxena

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l. Final arguments were heard^{on 21-09-2022 and casewas reserved for} pronouncement of orders.

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The applicant has filed the^{present SA on 05-01-22 praying to set aside} the order dtd.21-10-20^{passed by ADM, Meerut and has funherprayed to} direct the bank not to^{proceed further and accept the due amount in easy} instalments from the applicant.

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The case of the applicant, in brief,^{is that he had availedHousing loan} facility from the bank against the^{subject property and bank had deliberately} sent the notices on the old address^{of the applicantinsteadof currentaddress.} That applicant is illiterate person and^{due to unforeseenfinanciallossescould} not pay the dues of the bank in time.^{That bank had wronglyclassifiedthe} account as NPA and issued demand^{noticedtd.l3-12-19 and thereafter} possession notice dtd.27 -02-20 was also^{issued by the bank.That applicantis} ready to pay the dues of the bank in^{easy instalmentsand that the Branch} Manager in collusion with the^{neighbourof applicant is trying to sell the} subject property at a throw away^price.

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Bank had filed counter affidavit^{wherein it is stated that applicant} failed to maintain account satisfactorily^{thereforethe same was classified as} NPA on l4-11-19 and demand^{notice dtd.13-12-19was issued on all the three} addresses available with bank.^{That since applicantneither submitted any} objection u/s 13(34) nor^{paid the dues of the bank, thereforepossession} notice dtd.27-02-20 was issued^{which was duly servedon applicant and also} affixed on secured asset as well^{as published in two newspapers. That the} property has been sold on auction^{conductedon l2-03-2tpursuantto} e-auction notice dtd.03-02-21^{and after adjusting the dues of the bank,} balance amount was offered^{to applicant which he refusedto accept.}

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Duly considered submissions^{and perusedthe records. It is seen that} applicant has only challenged^{the order dtd.21-10-20 howeverin the entire} SA applicant has^{not pointed out any illegality in the said order. Applicant} had himself annexed copy^{of demandnotice and possession notice alongwith} the SA and therefore it^{has to be held that these notices were duly served on} applicant. Further, applicant^{has also not challengedthe saleconducted by}

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the bank on 12-03-21 and it has been stated by the bank in their reply that after adjusting the dues in the loan account ofthe applicant, balance amount was offered to applicant but he refused to accept the same. It is also stated that there is nothing due against the applicant to be recovered by the bank in the loan account.

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In these circumstances, I do not find any illegality in the action of the bank and therefore challange to order dtd.2l-10-20 is dismissed being devoid of merits and substance.

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There being no other issue for adjudication, the present SA stands finally disposed of.

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File be consigned to record room.

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OAL^Khan) Prdsiding Officer

Mr Imran Qureshi v. State Bank of India

Case brief

What is this about?

What did the court decide?

Mr Imran Qureshi v. State Bank of India

Case brief

What is this about?

What did the court decide?

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