Chhattisgarh Rajya Sahkari Bank Maryadit v. Smt. Pollychakraborty

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.A No.363 of 2017 (Arising out of judgment/order dated 6.9.2017 in W.P.(C) No.1705/2017 of the learned Single Judge) Chhattisgarh Rajya Sahkari Bank Maryadit B.D.A. Building Neharu Chowk Branch Bilaspur Tahsil And Dsitrict Bilaspur, Chhattisgarh, Through Authorized Officer/ Branch Manager ---- Appellant

Versus

Smt. Pollychakraborty W/o Dr. A. Chakraborty, Aged About 40 Years R/o F-6, B-2, 3rd Floor Shriram Tower, Vyapar Vihar, Bilaspur P.S. Civil Line, Bilaspur, District Bilaspur, Chhattisgarh ---- Respondent For Appellant:

Shri PK Tulsiyan, Advocate.

For Respondents:

Shri Saleem Kazi, Advocate.

Hon'ble The Chief Justice Hon'ble Shri Justice Sanjay Agrawal Order on Board Per Thottathil B. Radhakrishnan , Chief Justice 08/12/2017 1.

We have heard learned Counsel for the Appellant and learned Counsel for the Respondent.

2.

The Appellant lent funds to the Respondent. Going by the judgment of the learned Single Judge, the Respondent was dispossessed of a particular premises without due authority of law. This has been interfered with by the learned Single Judge without prejudice to the right of the Appellant to seek possession in accordance with law.

3.

Now, learned Counsel for the Appellant/vendor submits that the Appeal may be closed without prejudice to the Appellant, prosecuting other remedies. 4.

This Appeal is accordingly dismissed without prejudice as aforesaid. Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sanjay Agrawal) CHIEF JUSTICE JUDGE Priya