MANOJ SON OF SHRI VISHNU LAL SONI vs KOTAK MAHINDRA BANK LIMITED on 16 December 2024

CONTD. ORDER.SHEET MA7U24 16fizt24 REMARK DESCRIPTION OF THE ORDER Shri Prabhat Yadav, Adv for the Applicant Shri Adamya Bajpai, Adv fbr the Respondent

l. With consent of both the side MA heard finally.

2. Applicant Counsel inviting attention on order dated 27108124 passed under SA No.395i24 submits that though with consent order has been passed however due to dead of Late Shanti Bai on 20108124 just before a week passing the order Applicant could not arrange the money and able to deposit the amount as per direction of this Tribunal.

3. Applicant Counsel further submits that Applicant willing to deposit the amount and comply the order if six months more time be given to them.

4. Applicant Counsel further prays for interim protection against the execution notice issued by the Tehsildar Ratlam scheduling the date for taking possession today.

5. On the other hand Respondent Counsel again inviting attention on order dated 27108124 passed in earlier SA submits that Applicant Counsel himself has invited the order apprising that Applicants are willing to repay total outstanding and the Respondent Bank has apprised total DATE PAGE No. CASE No..

CONTD. ORDER.SHEET DATE DESCRIPTION OF THE ORDER outstanding Rs. 2l Lac on the date of passing the order.

6. Respondent Counsel further submits that the Tribunal has given chance the Applicants to deposit the amount within four installments even then till today Applicants have deposited nothing.

7. On the ground Respondent Counsel opposes the prayer for extension of time and also interim protection against the execution notice.

8. After hearing both the side perusal of record though as per dead certificate it reveals that Smt. Shanti Bai expired on 20108124 before a week passing the order however since in spite of dead of Late Shanti Bai Applicant side voluntarily invited the order dated 27108124 they are oblige to comply the same with letter and spirit within prescribed time limit even then Applicants have deposited nothing.

9. Perusal of order it reveals that this Tribunal has given liberty to Respondent Bank to execute the order if Applicants remain failto comply the order.

10. In opinion of this Bench no case is made out to extend the time and interim protection. MA is dismissed. (Ram Niwa atel) Presiding Officer DRT : JABALPUR (M.P. & C.G.) PAGE No. CASE No. REMARK