ABHAY KUMAR SINGH vs PUNJAB NATIONAL BANK on 13 February 2020

CONTD. ORDER-SHEET I

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<table border="1"><thead><tr><th data-bbox="91 71 188 98">DATE</th><th data-bbox="188 71 718 98">DESCRIPTION OF THE ORDER*</th><th data-bbox="718 71 932 98">REMARK</th></tr></thead><tbody><tr><td data-bbox="85 121 188 151">MA 16/20<br/>13/02/20</td><td data-bbox="188 134 718 741"><p>Pr: Shri.Nasir Ahmed, Adv. for the Applicant.<br/>Shri.P.Chaturvedi, Adv. for the Res.bank.</p><p>Reply has been filed today which is taken on record.</p><p>The present MA has been filed on 28-01-20 praying for permission to deposit the entire outstanding amount due and submit concrete proposal on or before 31-03-2020 to respondent bank.</p><p>Heard Counsel for the parties and perused the records. It is seen that vide order dtd.12-06-19 passed in SA No.114/19, this Tribunal had directed the applicant to deposit the entire amount within three months i.e. on or before 13-09-19 which time was extended upto 31-10-19 by this Tribunal vide order dtd.12-09-19 passed in MA 110/19 and was further extended upto 31-01-2020 vide order dtd.30-10-19 passed in MA 129/19. It is further seen that in Para 8 of order dtd.30-10-19, applicant has given an undertaking that "he shall not approach this Tribunal with any prayer seeking extension of further time and shall voluntarily handover the physical possession of the subject property to the bank."</p><p>Thus, in view of undertaking given by applicant himself, the present MA deserves to be dismissed. Even on merits, the applicant in the present MA has sought permission to deposit the entire outstanding dues however no time has been mentioned as to when he will deposit the dues. In the event, the present MA deserves to be dismissed being devoid of merits and substance.</p><p>With these directions, the present MA stands dismissed.</p><p>Record be consigned to Record Room.</p></td><td data-bbox="718 134 932 741"></td></tr></tbody></table>

*Sd/-* (Brajesh K. Sinha) Presiding Officer