CANARA BANK THRU. ITS CHIEF MANAGER / AUTHORISED OFFICER SHRI KUNWAR AMOGH v. ANIL KUMAR
CAPL/829/2025 · 2025-03-25
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130023 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130023 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16959 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 829 of 2025 Applicant :- Canara Bank Thru. Its Chief Manager / Authorised Officer Shri Kunwar Amogh Opposite Party :- Anil Kumar Counsel for Applicant :- Alok Saxena,Paras Pradhan Hon'ble Rajeev Singh,J.
1. Heard Shri Alok Kumar, learned counsel for the applicant. 2. Learned counsel for the applicant submits that the order dated 03.03.2025 passed by the Writ Court in Matter under Article 227 No.1147 of 2025; Anil Kumar Vs. Canara Bank and Anr. has been willfully defied by the opposite party. 3. The order dated 03.03.2025 passed in the Matter under Article 227 No.1147 of 2025; Anil Kumar Vs. Canara Bank and Anr. is as under:
"1. Heard learned counsel for the petitioner, Sri Alok Saxena, learned counsel for the Respondent Bank and perused the record. 2. The present petition has been filed by the petitioner raising a dispute with regard to sale of movable assets, lying in the premises which was mortgaged with the respondent-bank and said to have been sold. 3. The counsel for the respondent bank, based upon instructions states that the bank is ready and willing to hand over the movable assets, which are lying inside the house as per the inventory prepared by them, which fact is disputed by the counsel for the petitioner in terms of the inventory. 4. Be that as it may, the parties shall appear at the premises concerned on 10th March, 2025 at about 12 Noon. The assets, which are lying inside the premises shall be handed over to the petitioner. Thereafter the petitioner would be at liberty to raise any challenge with regard to the assets that have been handed over as he may deem fit. All the proceedings of handing over shall be video-graphed also. 5. The petition is disposed of in terms of the above. "
4. Learned counsel for the applicant submits that opposite party along with his associates appeared on the scheduled date and started misbehaving with the Bank officials and also denied to accept the household articles which were kept inside the house, as a result, the order of Writ Court could not be complied with. Therefore, he may be summoned and punished in accordance
with law. 5.
Considering the submission of learned counsel for the applicant and going through the order dated 03.03.2025, it is evident that in case, the petitioner (opposite party) fails to appear or accept the household articles in pursuance of directions issued by the Writ Court then no contempt is made out. Therefore, the present application is misconceived and liable to be dismissed. 6. Accordingly, the present application is hereby dismissed. 7. It is also made clear that the order dated 03.03.2025 was itself flouted by the petitioner (opposite party), therefore, the benefit of the same will not be available to him. Order Date :- 25.3.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench