HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 855/2022
1. ICICI Bank Ltd., Through Its Manager Legal, Jaljog Circle Branch, Jodhpur.
2. ICICI Bank Ltd., Through Its Registered Office Landmark Race Course Circle Vadodra.
----Appellants Versus Pramila Devi Soni W/o Shri Gyanchand Soni, By Caste Soni, R/o 11 National Highway Soni Vihar Nagar Opposite Bikaner Motors Udsar Bikaner.
----Respondent
For Appellant(s) : Mr. Vijay Purohit
For Respondent(s) : Mr. K.R. Saharan
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
06/01/2023
This Letters Patent Appeal is filed by the appellant-Bank against the impugned order dated 08.09.2022 passed by learned Single Judge in S.B. Civil Writ Petition No.17776/2021, whereby the writ petition filed by the appellant-Bank challenging the judgment passed by the Permanent Lok Adalat, Bikaner dated 07.12.2021 has been dismissed.
The Permanent Lok Adalat, Bikaner vide judgment dated 07.12.2021 has allowed the application filed by the respondent and directed the appellant-Bank to return the documents of the property, i.e. a plot, to the respondent within a period of one week while holding that the said documents of the property were mortgaged against the Loan Account No.023405000211 and the said loan amount has already been repaid by the respondent.
Learned Single Judge taking note of the fact that the loan amount, which was disbursed by the appellant-Bank to the respondent, (Downloaded on 06/01/2023 at 09:49:49 PM) (2 of 2) [SAW-855/2022] has been repaid and the Bank has failed to prove that the property documents mortgaged against the Loan Account No.023405000211 are also mortgaged for some other loan account, the Permanent Lok Adalat has not committed any illegality in issuing direction to the appellant- Bank to return the documents of the property in question mortgaged in relation to Loan Account No.023405000211.
Learned counsel for the appellant has submitted that the property, which is mortgaged by the respondent against the Loan Account No.023405000211, is a subject-matter of proceedings before the Debt Recovery Tribunal, Jaipur, wherein the said Tribunal has already passed an interim order on 17.12.2022 restraining the respondent from alienating the said property and, in such circumstances, documents of the property mortgaged against the above referred loan account cannot be returned to the respondent.
The said argument of learned counsel for the appellant is without any basis because even if the respondent is in receipt of documents of the property, which was mortgaged with the appellant-Bank in relation to the above referred loan account, in view of the said order passed by the Debt Recovery Tribunal, Jaipur, the respondent is not able to alienate the said property.
In such circumstances, we do not find any merit in the challenge laid by the appellant-Bank against the impugned order passed by learned Single Bench. Hence, the appeal is dismissed.
(MADAN GOPAL VYAS),J (VIJAY BISHNOI),J
12-Bharti/-
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