In this SA, the appellant requested the respondent bank to sell a specific plot of land instead of taking possession of a residential house to satisfy a recovery decree. The court held the applicant could not dictate terms to the bank and found no other grounds. The application was dismissed.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
SA/52/2025 SMT MANPREET WALIA Vs PUNJAB NATIONAL BANK
25.02.2025 Item No.40
Present: Captain Arun Sharma, Counsel for the Applicants. Sh. Arvind Rajotia, Counsel for respondent No.1&2/bank.
Counsel for the respondent bank has filed reply to the SA and also supplied the copy of same to the opposite party.
Captain Arun Sharma, counsel for the applicants states that RC has been passed by this Tribunal against the applicant vide order dated 21.02.2023 for Rs.35,85,007/- with interest from 11.09.2018. Earlier applicants had filed SA, which was dismissed on 30.01.2019. Applicants had also approached the Hon’ble High Court which vide order dated 31.07.2024 has dismissed the same. Captain Arun Sharma, states that he is ready to satisfy the decree and that the bank instead of taking the possession of residential house, should sell 22 Marlas of land.
I am of the considered view, that applicants cannot be allowed to dictate the terms to the bank. No other ground is made out in the application. Accordingly, the SA is hereby dismissed .
File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
PANKAJ
2 issues framed by the court
Whether an SA filed against an RC decad for possession can be disposed of by allowing the applicant to dictate terms for satisfaction of the decree.
Whether the SA introduces any grounds justifying the ordering of sale of specific land by the bank instead of possession.
Smt Manpreet Walia
Punjab National Bank
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
