Jatinder Kumar Khurana v. Punjab National Bank
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 841/2017 JATINDER KUMAR KHURANA ..... Petitioner Through:
Mr. Harish Malhotra, Sr. Adv. with Mr. B.K. Khurana & Mr. Mohit Gupta, Advs.
Versus
PUNJAB NATIONAL BANK ..... Respondent Through:
Mr. Sartaj Singh, Adv. with Mr. D.S.
Arora, Chief Manager, PNB, Janpath, New Delhi
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R
% 07.09.2017 1.
This order is in continuation of the earlier order dated 4th August, 2017.
2.
Mr. D.S. Arora, Chief Manager, Punjab National Bank of Janpath Branch has appeared and on being asked has stated that the matter of interpretation of circulars as contented by the senior counsel for the petitioner cannot be settled at the level of the bank. 3.
I have in order dated 4th August, 2017 already observed that the questions as have arisen were not subject matter of the lis from which this petition arises and the petitioner will have to take appropriate remedies. 4.
This petition is accordingly disposed of with the clarification that though the decree of which execution was sought stands satisfied but the CM(M) 841/2017
observation of the Executing Court being beyond the scope of the decree are of no avail and the petitioner/decree holder is at liberty to take appropriate proceedings for the recovery of deficit amount, if any, released by the respondent Bank with respect to FD Account No.013100TA00000516. 5.
Since the question was pending adjudication in a wrong fora, it is further clarified that subject to the petitioner initiating appropriate proceedings on or before 1st November, 2017, the same shall be considered on merits.
No costs.
A copy of this order be given dasti.
RAJIV SAHAI ENDLAW, J.
SEPTEMBER 07, 2017 bs ..
CM(M) 841/2017