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Madhya Pradesh High Court

Smt. Fundi Garwal vs Bandhan Bank Limited on 28 January, 2022

Author: Vivek Rusia

Bench: Vivek Rusia

                                                                              1
                                                   The High Court Of Madhya Pradesh
                                                             WP No. 2117 of 2022
                                                   (SMT. FUNDI GARWAL AND OTHERS Vs BANDHAN BANK LIMITED AND OTHERS)

                                            Indore, Dated : 28-01-2022
                                                  Heard through Video Conferencing.

                                                  Shri Anuj Agarwal, learned counsel for the Petitioner .

                                                  Heard on the question of admission.
                                                  On payment of process fee within three working days, notices be
                                            issued to the respondents, returnable within four weeks.

Also heard on the question of interim relief.

Learned counsel for the petitioners submits the respondents are going to take possession of the property. He further submits that DRT is not functioning in the State hence, the petitioners have approached before this Court and the petitioners are ready to deposit 20% of the amount, hence, the respondent may be restrained not to take any coercive action against the petitioners.

As on today, there is no Presiding Officer, therefore, we cannot relegate the petitioners to approach the DRT in order to challenge the order/action of respondents.

As an interim measure, we direct the petitioners to submit fresh OTS within 10 days and deposit (20%) out of which 10% of the total amount with 15 days and further 10% within next 15 days. Till then, t h e respondents shall not take any coercive action against the petitioners regarding possession of the property in question.

The amount so deposited by the petitioners by virtue of this order shall be adjusted in the OTS amount in case of settlement is arrived at between the parties.

Signature Not VerifiedDigitally signed by

Certified copy, today.

  SAN                 AMIT KUMAR
                      Date: 2022.01.29
                      10:49:53 IST
                                                                             2

Lit the matter after four weeks alongwith the service report.



                                              (VIVEK RUSIA)                          (RAJENDRA KUMAR (VERMA))
                                                  JUDGE                                       JUDGE

                                             amit




Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  AMIT KUMAR
                       Date: 2022.01.29
                       10:49:53 IST