Aman Deep Kaur v. Uttar Pradesh Financial Corporation and Ors.

Appeal Dy. No. 216/2022 Date: 16.09.2022

Aman Deep Kaur Vs. Uttar Pradesh Financial Corporation & Ors.

Present: Shri Drupad Upadhyay, counsel for the appellant, Shri Prashant Kumar, counsel for the respondent no. 1-UPFC, Shri Maneesh Mehrotra, counsel for the respondent no. 2- Bank,

Learned counsel for the appellant submits that only controversy in the present matter is that the respondent no. 1-U.P.F.C. is also claiming its right as first charge over the property in question, which has been auctioned by the respondent-Bank. Since a part of the property was mortgaged with the respondent no. 1, hence the dispute pertaining to the charge was challenged by the UPFC before the DRT by filing S.A. No. 606/2016. It is further submitted that the appellant has no claim with regard to the property mortgaged with the UPFC, but the entire auction sale has been set aside by the Tribunal below. It is also submitted that the entire controversy may be resolved in view of the tripartite agreement made between the parties on 23.06.2000.

Learned counsel for the respondent-Bank submits that against the same order, the Bank has also filed the Appeals No. 03 and 4/2021, which are listed on 17.11.2022, therefore, the present appeal may also be listed on that date.

As prayed, let the present appeal be also listed along with these two Appeals No. 03/2021 and 04/2021 on 17.11.2022, on which date, these three appeals shall be heard together.

Justice R. D. Khare Chairperson

VN Giri