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ARCHANA SANJEEV PRAKASH v. CANARA BANK

Supreme Court of India | Diary 10263/2023

Status

ROP - of Main Case

Decided On

17-03-2026

Bench

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH and HON'BLE MR. JUSTICE R. MAHADEVAN

Petitioner

ARCHANA SANJEEV PRAKASH

Respondent

CANARA BANK

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Full Judgment Text

1 ITEM NO.49 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8761/2023 [Arising out of impugned final judgment and order dated 07-12-2022 in WP No.5825/2017 passed by the High Court of Judicature at Bombay] ARCHANA SANJEEV PRAKASH Petitioner(s) VERSUS CANARA BANK & ORS. Respondent(s) (IA No. 102227/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-03-2026 This matter was called for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Gautam Narayan, Sr. Adv. Ms. Asmita Singh, AOR Ms. Asmita Singh, Adv. Ms. Ankita Makan, Adv. For Respondent(s) Mr. Amit K. Nain, AOR Mr. Gaurav Agrawal, Sr. Adv. Mr. Ravi Bhardwaj, Adv. Mr. Krishanu Barua, AOR Mr. Amarjit Prasad, Adv. Mr. Samrat Krishnarao Shinde, AOR Mr. Pratyush Kalro, Adv. Mr. Dushyant Parashar, AOR Mr. Bhaskar Sharma, Adv. Mr. Manu Parashar, Adv. Mr. Dinesh Pandey, Adv.

2 O R D E R The matter could not be taken up for hearing due to paucity of time. 2. However, interim order to continue till the next date of listing. 3. List on 07.05.2026. (SAPNA BISHT) (ANJALI PANWAR) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.39 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 8761/2023 [Arising out of impugned final judgment and order dated 07-12-2022 in WP No. 5825/2017 passed by the High Court of Judicature at Bombay] ARCHANA SANJEEV PRAKASH Petitioner(s) VERSUS CANARA BANK & ORS. Respondent(s) IA No. 102227/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 20-01-2026 This matter was called for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Ms. Asmita Singh, AOR Ms. Asmita Singh, Adv. Ms. Ankita Makan, Adv. For Respondent(s) Mr. Pba Srinivasan, Adv. Mr. Amit K. Nain, AOR Ms. Rajshree Dhapola, Adv. Ms. Barnali Paul, Adv. Mr. Sumit Swami, Adv. Mr. Krishanu Barua, AOR Mr. Samrat Krishnarao Shinde, AOR Mr. Dushyant Parashar, AOR Mr. Bhaskar Sharma, Adv. Mr. Manu Parashar, Adv. Mr. Dinesh Pandey, Adv. O R D E R The matter could not be taken up for hearing due to paucity of

time. 2. However, interim order to continue till the next date of listing. 3. List on 17.03.2026 (SACHIN KUMAR SRIVASTAVA) (ANJALI PANWAR) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.32 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).8761/2023 [Arising out of impugned final judgment and order dated 07-12-2022 in WP No.5825/2017 passed by the High Court of Judicature at Bombay] ARCHANA SANJEEV PRAKASH Petitioner(s) VERSUS CANARA BANK & ORS. Respondent(s) (IA No. 102227/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES( Date : 08-01-2026 This matter was called for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Ms. Asmita Singh, AOR Ms. Ankita Makan, Adv. For Respondent(s) Mr. Amit K. Nain, AOR Ms. Barnali Paul, Adv. Mr. Sumit Swami, Adv. Ms. Rajshree Dhapola, Adv. Mr. Krishanu Barua, AOR Mr. Samrat Krishnarao Shinde, AOR Mr. Dushyant Parashar, AOR Mr. Bhaskar Sharma, Adv. Mr. Manu Parashar, Adv. Mr. Dinesh Pandey, Adv. O R D E R As prayed for by learned counsel for respondents no.1 and 2 seeking adjournment in terms of letter circulated, the matter be listed on 20.01.2026. (SAPNA BISHT) (ANJALI PANWAR) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.44 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 8761/2023 ARCHANA SANJEEV PRAKASH Petitioner(s) VERSUS CANARA BANK & ORS. Respondent(s) IA No. 102227/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 07-08-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Gautam Narayan, Adv. Ms. Asmita Singh, AOR Mr. Harshit Goel, Adv. Ms. Akriti Arya, Adv. Mr. Siddhant Singh, Adv. For Respondent(s) Mr. Amit K. Nain, AOR Mr. Pba Srinivasan, Adv. Mr. V. Aravind, Adv. Mr. Krishanu Barua, AOR UPON hearing the counsel the Court made the following O R D E R Respondent Nos. 3 to 6 and 11 have refused to accept notice, as such, service is deemed to be complete but none has entered appearance. Service is complete on respondent No.12 but none has entered appearance. Contd….

-2- Ld. counsel for respondent Nos.7 to 10 submits that they have already filed counter affidavit. Registry to verify and update the records. Ld. counsel for respondent Nos.1 and 2 prays for and is granted four weeks’ time, as last opportunity, for filing counter affidavit. At the end of the period aforesaid, whether counter affidavit is filed or not, Registry to process the matter for listing before the Hon’ble Court, as per rules. H. SHASHIDHARA SHETTY Registrar

ITEM NO.62 REGISTRAR COURT. 1 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. H. SHASHIDHARA SHETTY Petition(s) for Special Leave to Appeal (C) No(s). 8761/2023 ARCHANA SANJEEV PRAKASH Petitioner(s) VERSUS CANARA BANK & ORS. Respondent(s) IA No. 102227/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 04-07-2023 These matters were called on for hearing today. For Petitioner(s) Ms. Asmita Singh, AOR Ms. Akriti Arya, Adv. Mr. Harshit Goel, Adv. For Respondent(s) Mr. Amit K. Nain, AOR UPON hearing the counsel, the Court made the following O R D E R Respondent Nos.1 and 2 are granted four weeks’ time for filing counter affidavit. Service is complete on respondent Nos.7 to 10. Ld. Advocate-on-record, Mr.Krishanu Barua submits that he has filed vakalatnama on behalf of respondent Nos.7 to 10 yesterday and prays for time to file counter affidavit. Registry to verify and update the records. Four weeks’ time is granted for filing counter affidavit. Contd….

-2- Ld. Counsel for the petitioner is granted two weeks’ time to take fresh steps and file fresh particulars in respect of unserved respondent Nos.3 to 6, 11 & 12. List again on 07.08.2023. H. SHASHIDHARA SHETTY Registrar

1 ITEM NO.15 COURT NO.2 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 87917/2023,90721/2023,90722/2023, in Petition(s) for Special Leave to Appeal (C) No(s). 8761/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WP No. 5825/2017 passed by the High Court Of Judicature At Bombay) ARCHANA SANJEEV PRAKASH Petitioner(s) VERSUS CANARA BANK & ORS. Respondent(s) (FOR ADMISSION and I.R. IA No. 90722/2023 - EXEMPTION FROM FILING O.T., IA No. 90721/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 87917/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 15-05-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Asmita Singh, AOR Mr. Gautam Narayan, Adv. Ms. Asmita Singh, Adv. Mr. Harshit Goel, Adv. Ms. Akriti Arya, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing O.T and, permission to file additional documents/facts/ annexures are allowed. Learned counsel for the petitioner submits that

2 the Power of Attorney given by the petitioner to the Uncle was for to purchase the property in question which Power of Attorney post purchase was utilized by the Uncle to create an equitable mortgage even though no power had been conferred. It is further submitted that the bank in the internal enquiry also found that there was prima facie a fraud with collusion with bank officials and the matter was referred to the CBI. The EOW at Pune on investigation has filed a charge sheet. It is thus his submission that an egregious fraud vitiates the whole aspect of creation of the mortgage even though on the first round the petitioner did not succeed on the issue of complying with the pre deposit for entertainment of grievance by appellate authority. These documents are stated to be suppressed by the bank. It is further pointed out that allegedly personal guarantee documents were also signed on behalf of the petitioner by the Uncle and thus now apart from the property which already stands auctioned and sold, endeavour has been made to recover other outstanding amounts after adjustment of proceeds from the property from the petitioner too. Issue notice. In the meantime, no further recovery action be taken against the petitioner but the respondent bank

3 is free to proceed against the other debtors. Copy of the order to accompany the notice. [CHARANJEET KAUR] [RANJANA SHAILEY] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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