Court No. - 2
Case :- CONTEMPT APPLICATION (CIVIL) No. - 7158 of 2018 Applicant :- Smt. Vipul Chandak Opposite Party :- Smt. Asha Kiran Sharma Counsel for Applicant :- Satish Chandra Dubey
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant.
Learned counsel for the applicant submits that the order dated 17 July 2018 passed by Presiding Officer, Debt Recovery Tribunal, Allahabad (hereinafter referred to as "Tribunal") in S.A. No. T-186 of 2018 (Smt. Vipul Chandak vs. Bank of Baroda and others), has been violated. Operative portion of the order reads thus:
"In these circumstances, the Res. No. 1 Bank of Baroda is hereby restrained from taking over the physical possession of the subject property at Delhi as described in Para 1(E) of demand notice, till further orders."
It is contended that despite the order passed by the Tribunal a notice dated 13 November 2018 has been issued by the Bank to M/s Somvanshi Construction Pvt. Ltd. for handing over the mortgaged property, which is alleged to have been transferred by the applicant to M/s Somvanshi Construction Pvt. Ltd. It is thus urged that the order of the Tribunal has been violated.
On specific query, learned counsel for the applicant admits that there is no interim order injunting M/s Somvanshi Construction Pvt. Ltd. from handing over the property, further, applicant has not been asked to hand over the property by the Bank.
In view thereof, the petition being misconceived is, accordingly, dismissed.
Order Date :- 21.12.2018 S.Prakash