M/ S Dimple Stone Kresar v. Bank of Baroda and Anr.

Appeal Dy. No. 571/2022 Date: 18.10.2022

M/s Dimple Stone Kresar Vs. Bank of Baroda & Anr.

Present: Shri Ashutosh Shukla, counsel for the appellant, Shri Anand Yadav, Advocate has filed vakalatnama of Shri Arun Prakash, Advocate on behalf of the respondent-Bank.

The office report dated 17.10.2022 shows that pursuant to the earlier order dated 20.09.2022, the I.A. No. 437/2022 has been filed for impleadment of auction purchaser.

Learned counsel for the appellant has served a copy of impleadment application to the counsel for the respondentbank. It is contended that the property of the appellant has been auctioned by the Bank on 24.03.2022 to the auction purchaser namely Vikas Mishra, Son of Shri Krishna Gopal Mishra. It is prayed that the auction purchaser may be impleaded as respondent in the present appeal.

Learned counsel for the respondent-Bank has no objection to the impleadment application.

In view of the above, the application for impleadment is allowed. Let the necessary amendment be made in the array of party within 48 hours. If such amendment is made, notices be issued to the newly added 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.

Learned counsel for the appellant be explained as to how the appeal is maintainable without deposit any pre-deposit by the next date.