← Library
High Court of DelhiRFA/655/2019

Punjab National Bank v. Ghaziabad Urban Cooperative Bank Ltd & ORS

2025-08-20Hon'Ble Ms. Justice Mini Pushkarna4 pages

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ RFA 655/2019 & CM APPL. 32347/2019 PUNJAB NATIONAL BANK .....Appellant Through:

Mr. Toshif Ahmed, Mr. Hashmat Nabi and Mr. Farah Naaz, Advs.

versus GHAZIABAD URBAN COOPERATIVE BANK LTD & ORS.

.....Respondents Through:

Mr.

K.

Bhardwaj, Adv.

for R-1 (Through VC) Mr. Varun Bhandari, Adv. for R-3 and 4 Mob: 9873932356 Email:

advocate.v.bhandari@gmail.com Mrs. Arti Bansal SPC-UOI/R-5 with Ms. Shruti Goel, Adv.

Mob: 9999442349 Email:

artibansalassociatges@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 20.08.2025 1.

The present appeal has been filed seeking to set aside the judgment and decree dated 28th April, 2018 in favour of the plaintiff in the suit, i.e., respondent herein, passed by Additional District Judge ("ADJ")-01, Patiala House Courts, New Delhi, in Civil Suit No. 203/2017, titled as "Ghaziabad The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Urban Cooperative Bank Ltd. Versus New Bank of India and Ors." 2.

Vide order dated 07th August, 2019, this Court had noted that the notices in the present case had been issued to the respondents, only confined to the aspect regarding adjustment of the amount of Rs. 4,05,000/- with interest.

3.

This Court had further recorded in the order dated 16th July, 2025 that the respondent no. 1 was ready for the adjustment of the subject amount along with the interest.

4.

The order dated 16th July, 2025, reads as under: "

1.

Perusal of the order dated 7th August, 2019 shows that the notice in the present appeal has been confined to the aspect regarding adjustment of the amount of ₹ 4,05,000/- with interest. 2.

This Court notes that vide order dated 7th August, 2019, it had been noted as follows:

"xxx xxx xxx Learned counsel for the appellant submits that even though the appellant had specifically raised the plea that a sum of Rs.4,05,000/- with interest was due and payable from the respondents to the appellant's Karol Bagh Branch w.e.f. 15.09.1985, the learned Trial Court has not dealt with that aspect while decreeing the respondent no.1's suit. Issue notice to the respondents confined to the aforesaid aspect regarding adjustment of the amount of Rs.4,05,000/- with interest.

xxx xxx xxx"

3.

This Court further notes the order dated 24th March, 2025, wherein, respondent no. 1 had sought time to seek instructions with regard to the adjustment of the amount of ₹ 4,05,000/- with interest, as recorded in the order dated 7th August, 2019. 4.

Today, learned counsel appearing for respondent no. 1 submits that he is ready for the said adjustment of the subject amount, and the appeal can be disposed of, accordingly. 5.

Learned counsel appearing for the appellant submits that she is not the main counsel. She further submits that since there is a new officer The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of the appellant bank, she needs time to seek instructions. 6.

At request, re-notify on 20th August, 2025. " (Emphasis Supplied) 5.

Learned counsel appearing for respondent no. 1 reiterates that he is ready for adjustment of the aforesaid amount of Rs. 4,05,000/-, with interest. 6.

At this stage, learned counsel appearing for the appellant submits that the appellant is entitled to interest, with effect from 1992. 7.

Learned counsel appearing for respondent no. 1 submits that the respondent no. 1 is ready for adjustment of the amount of Rs. 4,05,000/- at interest of 8% per annum, in terms of the judgment and decree, with effect from 30th May 1992, till its realization.

8.

Learned counsel appearing for respondent no. 1 submits that the entire decretal amount has already been deposited by respondent no. 1 before this Court. Attention of this Court is drawn to order dated 18th November, 2019, wherein, this fact has been recorded.

9.

Accordingly, the amount of Rs. 4,05,000/-, along with interest at the rate of 8% per annum, with effect from 30th May, 1992, till its realization, shall be released to the appellant, i.e., Punjab National Bank. Calculation in this regard, shall be made by the Registry of this Court, and the requisite amount shall be released to the appellant.

10.

The remaining amount after payment to the appellant shall be released to respondent no. 1, i.e., Ghaziabad Urban Cooperative Bank Limited. 11.

Accordingly, appellant, i.e., Punjab National Bank, as well as respondent no. 1, i.e., Ghaziabad Urban Cooperative Bank Limited, through their authorized representatives/counsels, are directed to appear before the Registrar, for this purpose on 28th August, 2025. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

With the aforesaid directions, the present appeal, along with the pending application, is accordingly disposed of. MINI PUSHKARNA, J AUGUST 20, 2025/SK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.