The Debts Recovery Tribunal permitted the respondent bank to withdraw a previously issued possession notice despite the applicant's objection, while preserving the applicant's right to challenge any fresh possession notices issued by the bank.
Permitted withdrawal of possession notice; expenses not to be debited; liberty to challenge fresh possession notices.
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 47
Case No.SA/614/2022
MRS SANTOSH KANWAR Vs PUNJAB AND SIND BANK
Date: 25.08.2025.
Proceedings through hybrid mode Present:
Shri Shashank Jain, Counsel for the Applicant
Shri Tapish Saraswat, Counsel for the Respondent Bank/FI
In this matter, Counsel for the respondent bank submits that they have withdrawn the possession notice. Counsel for the applicant strongly objects and submits that there was a status quo order from this Tribunal, so before withdrawing the possession notice, they should have taken the permission of this Tribunal.
The respondent bank is advised to be cautious in future in this regard. This time they are permitted to withdraw the possession notice.
The action of Respondents stands rectified. SA is liable to be disposed of.
Applicant will have the liberty to challenge all the actions of the bank including notice under Section 13(2), if the bank proceeds and issue fresh possession notice. Expenses of this possession notice shall not be debited in the account of applicant.
Accordingly, SA stands disposed of as infractuous, all pending IAs also stands disposed off, if any.
File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Jaipur
MRS SANTOSH KANWAR
PUNJAB AND SIND BANK
Vimal Gupta
As recorded by the court registry
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