LAWS(DR)-2009-11-4

TILAK RAJ BAJAJ Vs. PUNJAB AND SIND BANK

Decided On November 24, 2009

JUDGEMENT

(1.) COUNSEL for the parties heard. Counsel for the appellant points out that the appellant is neither the borrower nor the guarantor. He is a tenant simplicitor.

(2.) COUNSEL for the respondent submits that the order was passed in his absence.

(3.) CONSEQUENTLY , I hereby accept the appeal and set aside the impugned order passed by the learned DRT. The appellant is directed not to deposit the said amount. However, the order passed by the learned DRT in respect of the possession of the property in question shall remain intact till further orders to be passed by the learned DRT. The learned DRT is directed to proceed with the case in accordance with law. Parties are directed to appear before the learned DRT on the date already fixed. The learned DRT is further directed to expedite the hearing of the case.