Misc. Case No. 534 of 2015 in I.A. No. 425 of 2015. Case: Arvind Aggarwal Vs Punjab National Bank. Delhi DRAT DRAT (Delhi Debt Recovery Appellate Tribunals)

Case NumberMisc. Case No. 534 of 2015 in I.A. No. 425 of 2015
CounselFor Appellant: Party-in-Person
JudgesRanjit Singh, J. (Chairperson)
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 156
CitationIV (2015) BC 202 (DRAT)
Judgement DateJuly 15, 2015
CourtDelhi DRAT DRAT (Delhi Debt Recovery Appellate Tribunals)


Ranjit Singh, J. (Chairperson)

  1. This appeal was listed for hearing on 2.7.2015. When the case was called, none appeared for the parties. Obviously, the absence of the Counsel was due to the strike call given by one Bar Association. In the afternoon of 30.6.2015, one Advocate had left a notice with the Registrar of this tribunal disclosing that the members of the Bar Association would be on indefinite strike w.e.f. 1.7.2015 This appeal, therefore, ought to have been dismissed in view of the law laid down by the Hon'ble Supreme Court. Still, in the interest of justice, the appeal was adjourned to 3.7.2015 by this Tribunal to assure itself that the absence of the Counsel/parties was not due to any reason other than strike.

  2. On 3.7.2015, none appeared for the parties. This appeal accordingly came to be decided on 3.7.2015 and the order passed in this regard is as under:

    "In the SA filed by the appellant, the Tribunal below, on 18th February, 2015, had restrained the respondent Bank from taking physical possession of the property in question as some investigation in regard to criminal case under Section 156, Cr.P.C. was in progress. This order was impugned by the Bank. The Miscellaneous Appeal No. 90 of 2015 filed by the Bank came up for hearing before this Tribunal on 2nd July, 2015. It was noticed that during the pendency of the said appeal, even the SA had been dismissed on 15th May, 2015 which order the appellant has impugned in the present appeal. While disposing of the said appeal, this Tribunal passed the following order--

    In the SA filed by respondent Mr. Arvind Aggarwal, the Tribunal below had restrained the Bank from taking possession of the property in question for four months on the ground that the some investigation in a criminal case under Section 156, Cr.P.C. was in progress. Aggrieved against the same, the appellant Punjab National Bank has filed this appeal.

    Notice in this appeal was issued and reply has been filed on behalf of respondent Mr. Arvind Aggarwal, who has also filed a separate appeal (Inward No. 312 of 2015) to impugn the subsequent order dated May 15, 2015 passed by the Tribunal below dismissing the SA as well. Having passed the order on 18th February, 2015, the Tribunal below has passed order dated 15th May, 2015 observing that sufficient time of four months had been allowed to investigate the matter and if Mr. Arvind Aggarwal (appellant/respondent in these appeals) has any grievance then he...

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