Canara Bank v. M/ S Maruti Automobiles and 4 Ors.

I.A. No. 162/2022, I.A. No. 161/2022 & I.A. No. 160/2022 In Appeal Dy. No. 347/2022 Date: 18.07.2022

Canara Bank Vs. M/s Maruti Automobiles and Ors.

Present: Shri Maneesh Mehrotra, counsel for the appellant,

Heard the learned counsel for the appellant.

Learned counsel for the appellant submits that the SARFAESI proceedings have not been challenged, but in the M.A. proceedings, auction has been set aside and entire amount has been deposited by the respondent-borrower. Learned counsel for the appellant contends that the respondents had filed a writ petition before the Hon’ble Patna High Court, in which an order was passed granting relief to the respondents to make deposit in installments. It is contended that the said order was not complied with and the order passed in writ petition was challenged by way of special appeal, which was also dismissed by the Hon’ble Double Bench vide order dated 09.05.2018, copy of which has been appended at page no. 78 of the memo of appeal.

It is contended that even though the amount has not been deposited pursuant to the order of Hon’ble High Court, Patna even then the O.A. has been dismissed by the concerned DRT on the ground that the entire amount has been deposited.

Issue notices to the respondents 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.

Till the next date, the status quo qua the property in question, as it exists today, be maintained by all the parties concerned.