G. Jawahar v. City Union Bank Ltd

in C.R.P.Nos.2492, 2493, 2495 & 2514 of 2024 S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

[Order of the Court was made by S.S. SUNDAR, J.] The respondent Bank has filed an application for recovery of a huge amount on the basis of photocopies of documents and statement. The mortgage by deposit of title deeds is specifically disputed in the written statement. Though the list of documents refers to registered memorandum of deposit of title deeds, the stand taken by the petitioner is that there is no mortgage. Learned counsel for the petitioner has characterised the application as fraudulent and it is his specific case that the accounts right from sanction letter till disbursement is not to the credit of the account maintained by the petitioner and that the Bank has played fraud and fabricated records to make false claim before the Debt Recovery Tribunal. The Tribunal has allowed the application without considering any of the issues on merits.

2.In such circumstances, this Court finds a prima facie case.

Considering the nature of order passed by the Debt Recovery Tribunal, where every statement in the application by the Bank is denied, this Court grants stay of all further proceedings pursuant to the respective impugned orders dated 02.05.2024 in O.A.Nos.250, 251, 249 & 252 of 2019 passed by the Debt Recovery Tribunal, Coimbatore. 3.Mrs.Jayaganga.K, learned counsel, accepts notice for the respondent.

4.Post the matter after three weeks.

(S.S.S.R., J.) (N.S., J.) 02.07.2024 (2/2) mkn

S.S. SUNDAR , J.

and N. SENTHILKUMAR, J.

mkn (Post after three weeks) 02.07.2024