Arun Pratap Singh v. Indian Bank and 7 Ors.

Appeal Dy. No. 852/2022 Date: 03.11.2022

Arun Pratap Singh Vs. Indian Bank

Present: Shri K. Kartikeya, counsel for the appellant, Shri Kushagra Dixit, Advocate holding brief of Shri Prashant Kumar, counsel for the respondents no. 4, 5 & 6,

Since the matter has been taken up, therefore, the urgency application has become infructuous. Hence the same stands disposed off as such.

It is contended that the present appeal is filed beyond the period of limitation of one month, whereas the appellant had initially approached before the Hon’ble High Court by filing Writ –C No. 4947 of 2022, which was disposed on 02.08.2022. In pursuant to that the appeal was filed within one month. It is contended that there is no intentional delay. It is further contended that the appellant is an auction purchaser and behind back of the Bank, the borrower had sold the property, which was challenged and the Tribunal below allowed the securitization application of the subsequent purchaser, against which the present appeal has been filed. It is contended that the interest of the appellant, who is bonafide auction purchaser, may be protected.

Learned counsel for the respondent prays for time to file reply to the delay condonation application.

Issue notices to the other respondents on the delay by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

List this case on 23.01.2023 for service. Till then, the status quo qua the property in question, as it exists today, shall be maintained by the parties concerned.