This list matter expedited the service of notice regarding waiver and delay condonation. The court disposed of an urgency application as infructuous and directed the issuance of process to respondents via registered post and speed post.
Urgency application disposed as infructuous; notice issued to respondents by registered post and speed post.
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Misc. Application No. 59/2021 In Appeal Dy. No. 67/2020 Date: 11.11.2022
M/s S. K. Enterprises & Anr. Vs. Indian Overseas Bank & Anr.
Present: Shri Kushagra Dixit, Advocate holding brief of Shri Prashant Kumar, counsel for the appellants,
Heard the learned counsel for the appellants.
The report of the Registrar dated 03.11.2022 shows that the defects have been removed and no pre-deposit has been made and as per waiver application as well as the possession notice dated 24.05.2016, the amount due against the appellant was Rs. 21,16,761/plus interest and Rs. 4,38,568/- along with interest. The property has been sold for Rs. 33,02,000/-. It is further reported that the delay condonation application, urgency application and waiver application are pending consideration.
Since the matter has been taken up today, the urgency application has become infructuous and is disposed off as such.
Issue notice to the respondents on waiver and 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 07.02.2023 for service.
Justice R. D. Khare Chairperson
VN Giri
M/s S. K. Enterprises & Anr.
Indian Overseas Bank & Anr.
Justice R. D. Khare
VN Giri
As recorded by the court registry
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