Respondent-Bank withdrew all SARFAESI action; court directed credit of debited charges and disposed of Special Application as withdrawn with liberty to file future applications.
Directed Respondent-Bank to credit all charges debited against Applicants for SARFAESI action.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
GONTD. ORDER.SHEET
PAGE No
CASE No
| DATE | DESCRIPTIONOFTHE ORDER | RETIIARK |
|---|---|---|
| sA40t22 16102t23 |
ShriNasir Ahmed,AdvfortheApplicants ShriAshishDixit,AdvfortheRespondent Matteristakenup onapplicationfbrurgent hearingfiled onbehalfoftheRespondent- Bank. Onmatter being takenRespondentCounsel apprisedtheBenchaswellasApplicant Counsel thatlooking tosometechnicalitiesthe Respondent-Bankhasrvithdrau'nallthe sarfaesiactionfromtheveryinceptionissuing demandnoticedated20104121 andpossession noticedated09111121. Respondent Counsell'urthelsubnritsthalsincc Respondent-Bankhaswithdrawnallthe sarfaesiactionthis SAhas becomeinfrustous andpraysfordismissalonthesameground. ApplicantCounsel submitsthatsincethe actionhasbeeninitiatedwr.onglythe Applicantsarenotliabletobearexpenses debited against thesarfaesiactionanclpraysto creditthesame. SincewithoutassigningreasonRespondent- Bank haswithdrawntheactioninitiated against theApplicantsitrevealsthat therewas somef-aultonwhichl{espondent-Bzinl<has presumethatactioninitiatedbythe Respondent-Banl<isnotlegalone andcannot be standintheeyeoflarv therefore prayero1' theApplicantsidcisgcnuirrc. |
CONTD. ORDER.SHEET
PAGE No
CASE No
| DATE | DESCR]PTIONOFTHE ORDER | REMARK |
|---|---|---|
| Hence Respondent-Bankisdirectedtocredit allthechargeswhichhad beendebitedagainst theApplicantsforsart'aesiactioninitiated against them. ApplicantCounselonassurancegivenbythe Respondent-Bankisagreetowithdrawthis SAsubjecttoliberrytofileSAinfuture whenever occasionarises. Liberlyisgranted. Matterisbeingdisposedofaswithdrawn. Recordbeconsignedtotherecord room. (RamNiwasPatel) Presidin Officer D.R.T,JabalPur (M.P&c.G) |
Applicants
Respondent-Bank
Ram Niwas Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
