Urmila Bagla vs Canara Bank And Ors.

J.M. Malik, J

This appeal is directed against the order passed by the learned trial Court on 26.5.2011, whereby the prayer of the appellant that the respondent Bank be restrained from taking actual physical possession of the property bearing No. 564, Lahori Gate, Delhi was rejected. I have heard the Counsel for the appellant. He submitted that the Bank is going to sell other properties belonging to the borrowers, which would fetch more money than to satisfy the entire dues of the Bank. He submitted that a fraud has been played on the appellant who is neither the borrower or guarantor. It was also argued that the photocopy of the PAN Card in possession of the respondent Bank, which is being claimed as identity document is a forged and fabricated document. It was argued that the borrowers have played and committed forgery in this case. The Counsel for the appellant also referred to one judgment of DRAT, Mumbai reported in Shetrunjay Co-op. Housing Society Ltd. v. Sural Nagrik Sahakari Bank Ltd. and Four Others, : II (2011) BC 1 (DRAT), which, according to him, applies to this case.

I see no merit in the argument urged by the Counsel for the appellant. As a matter of fact, the appellant had filed another appeal, Miscellaneous Appeal 272/ 2011, which was decided by me vide order dated 27.5.2011. In that appeal I had passed the following order:

Keeping in view all the facts and circumstances, I hereby direct the appellant to deposit a sum of Rs. 2 crores forgetting the interim relief without prejudice. Prima facie, it appears that the appellant has joined hands with her kiths and kins and is trying to pull the wool over the eyes of law. The possibility of handing over the title deeds for a long time before the transaction is finally struck even to her nears and dears pushes her case in a corner. The said amount be deposited with the Bank within 21 days from today. In case the said amount stands deposited the Bank will be precluded from recovering the rest of the amount from the appellant till the case is finally disposed of by the learned Trial Court. The learned Trial Court is directed to dispose of the case expeditiously. Parties are directed to appear before the learned Trial Court on the date already fixed.

Aggrieved by that order, a writ petition was preferred before the Hon'ble High Court. The Hon'ble High Court, vide its order dated 13.6.2011, passed the following order:

Notice. Ms. Seema Gupta, Advocate accepts notice for Canara Bank. Reply be filed within two weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

Notice be issued to the remaining respondents.

Subject to the petitioner depositing, without prejudice to the rights and contentions of the parties, with Canara Bank a sum of Rs. 2 crores within a period of two weeks which amount, if so deposited will be kept by Canara Bank in a interest bearing non-lien account, the status quo will be maintained as regards the property at 546, Lahori Gate, Delhi.

Mr. Mehra, learned Senior Counsel appearing for the petitioner has handed over to the Court a set of documents which is taken on record.

List before the Regular Bench on 26th July, 2011.

The Counsel for the appellant admitted that the appellant has not deposited Rs. 1 crore. It must be mentioned here that same pleas have been taken in the instant appeal as well as the earlier appeal. The appellant has not complied with the order of the Hon'ble High Court. The matter is still pending there. The question whether the appellant is to pay Rs. 2 crores or Rs. 1 crore is yet to be decided. The same pleas have been made again in this appeal also. Consequently, I am of the view that the instant appeal on the same grounds as of earlier appeal is not maintainable. However, in case the appellant complies with the order passed by the Hon'ble High Court, it can approach this Court again and ask for restoration of this appeal.

The appeal is without merit and the same is, therefore, dismissed in limine. Copies of this order be furnished to the parties as per law and another copy be sent to the learned DRT.