Delhi High Court
Lal Bhahadur Singh And Ors vs Punjab National Bank on 23 May, 2017
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4400/2017 & CM APPL.19206-19207/2017
LAL BHAHADUR SINGH & ORS ..... Petitioners
Through: Mr. Arvind Sah with Dr. Kumar Jwala &
Mr. Rajiv Ranjan Mishra, Advocates with
petitioner No.1 in person.
versus
PUNJAB NATIONAL BANK ..... Respondent
Through: Mr. Hashmat Nabi, Advocate with Mr. C.S.
Gupta, Chief Manager for respondent/PNB.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
ORDER
% 23.05.2017
1. This order is in continuation of order dated 19.05.2017.
2. Learned counsel for the petitioner No.1 states that the petitioners have
been able to arrange a sum of Rs.20 lacs and have deposited the same with
the respondent/Bank, as undertaken on last date of hearing.
3. Mr. Hashmat Nabi, learned counsel for the respondent/Bank states that
the cheque that was handed over by the petitioners to the respondent/Bank
was for a sum of Rs.1 crore, had bounced and even as on date, a sum of
Rs.80 lacs is liable to be paid by the petitioners to the repondent to make up
for the dishonoured cheque. He further states that the respondent/Bank has
scheduled an e-auction in respect of the ground floor and the second floor of
the subject premises on 14.06.2017, and as per the valuation report of the
said floors, the minimum reserve price has been fixed at Rs.1.28 crores for
the ground floor and Rs.1.20 crore for the second floor. As on date an
amount of Rs.4.70 lacs is payable to the respondent/Bank and even if the two
floors in question are sold at the minimum reserve price, it would not fetch
sufficient amount to satisfy the outstanding amount due and payable by the
petitioners.
4. Learned counsel for the petitioners states on instructions from the
petitioner No.1 that he is ready and willing to hand over the vacant peaceful
possession of the basement of the subject premises to the respondent/Bank so
that the same can also be auctioned.
5. In view of the submission made hereinabove, it is directed that an
officer of the respondent/Bank shall visit the subject premises on 29.05.2017
at 11:00 a.m from the petitioner No. 1 to hand over the vacant possession of
the basement of the subject premises.
6. Having regard to the fact that the scope of the appeal filed by the
respondent/Bank before the learned DRAT was limited to a grievance raised
against the order dated 28.12.2016 passed by DRT-III that had granted the
petitioners time upto 18.03.2017 to liquidate the entire amount of the
respondent/Bank and the said period has already expired, nothing further
survive for adjudication in the said appeal which is accordingly disposed of.
7. The respondent/Bank is permitted to take steps to conduct the auction
of the basement, ground floor and the second floor of the subject premises.
The petitioner is at liberty to participate in the said auction proceedings. The
amount recovered from the sale of the three floors on conclusion of the
auction proceedings shall be adjusted towards the outstanding dues payable
by the petitioners to the respondent/Bank and the balance amount, if any,
shall be remitted to the petitioners.
8. The respondent/Bank shall file an affidavit before the DRT furnishing
inter alia, the details of the amounts recovered on conducting the auction and
thereafter seek further orders in respect of the remaining two floors in the
possession of the petitioner No.1, namely, the first and third floor of the
subject premises, if necessary.
9. The petition is disposed of.
HIMA KOHLI, J
SANGITA DHINGRA SEHGAL, J
MAY 23, 2017/afa
