Icici Bank Ltd vs Pramila Devi Soni
2023 Latest Caselaw 209 Raj

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,

(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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