Godaram Hanumanram Meena vs YES BANK on 30 October 2026

**ORDER**

1. 1. Ld. Counsel for the Respondent Bank has filed his Memo of Appearance Exh.R/5. Let it be kept on record.

2. 2. Ld. Counsel for the Applicant has filed Exh.A/6, memorandum of understanding stating therein that the MA is the second round of litigation with regard to the connected previous SA No: 168/2026 which was fully decided by this Tribunal vide order dated 7^th May, 2026 granting interim relief in favour of the Applicant on condition that he will deposit the entire outstanding dues in a phased manner coupled with waiver clause but that order was not complied by the Applicant due to some compulsive reason and the Applicant has not yet been able to comply the order in totality and only 50% of the outstanding dues has been paid by the Applicant and since the default is committed, the Respondent has proceeded to take physical possession of the secured assets on 31-10-2026. The Applicant has made request to give him only 30 days more time to deposit the entire dues and to show his bonafide, he has also come forward to deposit Rs.10,00,000/- out of the total outstanding dues of Rs.50,00,000/- before the date of possession. On this ground, it has been requested that the Applicant may be given one more opportunity to settle his dues with the Respondent and Respondent may be restrained from taking possession of the secured assets as scheduled on 31-10-2026.

3. Ld. Counsel for the Respondent, on the other hand has categorically and vehemently opposed this proposal of the Applicant and put his remark on the undertaking Exh.A/6 as under :

" Respondent Bank objects present undertaking on the ground of (1) Resjudicata (2) admitted breach of undertaking and non compliance of order dated 07-05-2026 (3) specific prohibitory order condition No (e) of Para 5 of order and waver of all rights."

4. I have heard both the Ld. Counsels and perused the records. It is an admitted position that the concerned SA has already been decided and order of disposal is coupled with waiver clause but here the Applicant has come with a further request to given him only 30 days' time to clear the dues in totality. Although, Ld. Counsel for the Respondent has not expressed his consent in this regard but in the considered views of this Tribunal, if such time of 30 days is given to the Applicant to pay the entire dues, it is not going to cause any prejudice to the Respondent. Accordingly, following order is being passed :

**ORDER**

- a) The Applicant is directed to deposit Rs.10,00,000/- out of the remaining outstanding dues to the Respondent before the date of possession i.e. positively till 5.00pm today i.e. 30-10-2026.

- b) The Applicant is further directed to deposit the entire remaining outstanding dues with the Respondent Bank within thirty days from today i.e. 30-10-2026 along with interest, if any, which has accrued in the intervening period till final date of payment.

- c) **To facilitate the Applicant in complying the terms of this order, the Respondent is directed not to take possession of the secured assets as scheduled on 31-10-2026. However it is made clear that in case Rs.10,00,000/- is not deposited till 5.00pm today, the Respondent will be at liberty to take possession of the secured assets on 31-10-2026 itself and in case of further default the Respondent will be at liberty to proceed in accordance with law.**

- d) **There is no need to state that, by submitting the undertaking Exh. A/6, the Applicant has waived all their rights in respect of the secured assets and that no claim raised by the Applicant on any grounds, as set out in the prayers sought in the SA or MA, shall be entertained. Rather, the Ld. Registrar must refrain from registering any such SA or MA filed on behalf of the Applicant.**

- e) With these observations, the present SA stands disposed of with no order as to cost.

- f) Let this file be consigned to records.

**(Pankaj Kumar Upadhyay)** **Presiding Officer** **DRT-II, Ahmedabad.** **30-10-2026**

us/3