Delhi High Court - Orders
O.P.Sharma vs Punjab National Bank & Anr on 14 December, 2022
Author: Najmi Waziri
Bench: Najmi Waziri, Sudhir Kumar Jain
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6508/2014
O.P.SHARMA ..... Petitioner
Through: Mr. Saurabh Kansal, Advocate.
versus
PUNJAB NATIONAL BANK & ANR ..... Respondents
Through: Mr. Swarnil Dey and Ms. Vrinda
Bagaria, Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 14.12.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. The learned counsel for respondent no. 1 submits that he has been recently engaged in the matter.
2. The learned counsel for the petitioner submits that the petitioner has been in possession of the property since 2002, which he purchased in good faith, without notice from the seller/R-2, of any charge on it. The alleged mortgage was created in the year 2005. Therefore, the Bank cannot have any right in 50% share of the property i.e., 49A, 3rd Floor, Savitri Nagar, New Delhi, which had already been transferred to him. Apropos the other 50% share, the Bank has created a third party interest. The possession of the property is still with the petitioner. The Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:17.12.2022 11:58:18 learned counsel for respondent no. 1 seeks time to respond to the same.
3. The petitioner is ready and willing to explore an amicable settlement with respondent no. 1/Bank. The petitioner says that he will endeavour to settle the matter amicably with the Bank and in this regard will meet the Chief Manager of the Bank on 19.12.2022 at 11:00 am. The learned counsel for the respondent will coordinate apropos the meeting.
4. List on 03.02.2023.
NAJMI WAZIRI, J SUDHIR KUMAR JAIN, J DECEMBER 14, 2022 RW Signature Not Verified Digitally Signed By:KAMLESH KUMAR Signing Date:17.12.2022 11:58:18