Date of Filing: 26.05.2023 Date of Disposal: 01.09.2023.
Complainants- Lilabati Hemram Vs.O.P.- The Branch Manager, IDBI Bank Ltd.(OP No.3).
Order Date: 01.09.2023 .
The petition dt. 26.05.2023 in the form of M.A. 66/2023 is taken up for hearing and order.
The contention of the OP No.3, who filed this petition registered as M.A. case for expunging him from the complaint petition stated under this petition that the complainant being the borrower by inheritance from her husband inherited the loan of this Bank. Her husband on paying some EMIs , breathed his last when the major loan amount was due to the Bank. Now she was issued a demand notice after wards a recall notice. Subsequently, proceedings were started against her under SARFAESI Act which is pending one. But at this stage, this complaint , misguiding the Commission, about her outstanding of EMIs , filed this case against the Bank to avoid the consequence of SARFAESI proceedings or recovery of loan , when no Court or even the Commission has no jurisdiction to annual such proceedings, save and except the Debt Recovery Tribunal. Accordingly, the petitioner, being OP No.3, prays for expunging order from this case against him (I.D.B.I. Bank) and also prays an order of non-maintainability of this case/proceedings against him.
On the other dogma, the complainant contested this petition on saying that she filed this case on 09.09.2022 when Demand Notice from the part of this petitioner-bank was received by her on 15.09.2022 i.e. after filing her contention or case before this Commission, and this Commission has already passed an Interim Order against the Bank (OP No.3) . So, there is no question of allowing the prayer of OP No.3 (I.D.B.I. Bank).
This Commission carefully perused the entire material on record as well as the petition dt. 26.05.2023 along with its objection dt. 01.09.2022.
Factually, the husband of the complainant was a borrower under the Op No.3 who helped him on disbursing a loan behind his purchase of a flat. In lieu of that, Two BHK Flat and one BHK Flat were mortgaged as security of loan amount to the Bank. Thereafter, on paying some EMIs , the husband of the complainant expired when by inheritance this complainant inherited the loan. Owing to non- satisfaction by her loan , a proceeding was scheduled to be stated or started against her under SARFAESI Act after Demand Notice and Recall notice. But it is also the fact , before receiving the demand notice or recall notice, this wretched woman, as complainant, approached before this Commission , rather to say took shelter against her Insurer to whom initial beneficiary was her husband and now she herself through inheritance, when principal muster policy holder was/is this OP No.3(I.D.B.I. Bank).
So, we the Commission hold , it would not be proper to expunge the OP No.3 who is the Master Policy holder of her insurance policy and also to declare a non-maintainability of the case against this OP No.3 , when the entire case is pending before this Commission as being admitted position and also carrying an Interim Order against the OP No.3. So, this OP No.3 , being a Bank, is directed not to expunge himself (Bank) from this case or not to avoid the proceedings as non-maintainable against him because the Bank is the master policy holder of the insurance who are principal OP Nos. 1 & 2 . OP No.3 (Bank) is directed to remain present in the proceedings/case before this Commission at trial.
Moreover, through the order dt. 23.09.2022 we find already an Interim Order has been passed against him ( OP No.3 Bank) to stop further proceedings of the recall notice dt. 17.08.2022 and that order is still continuing since he (Bank) did not challenge it by fling any revision thereof.
Accordingly, both the prayers under M.A. case being No. 66/2023 are not being entertained by this Commission at this stage.
The citations are being kept with the record as the same are not applicable to his M.A. case.
The M.A. case being No. 66/2023 is thus disposed of at such stage of proceedings.
Let a copy of this order be given to the parties on free of cost.
Dictated & corrected by me.
D.C.D.R.C , Purba Bardhaman.
Member Member President
D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman D.C.D.R.C., Purba Bardhaman