The Tribunal allowed time to join the auction purchaser as a party. The status quo order continues pending the purchaser's inclusion.
Opportunity to bring auction purchaser on party array; status quo order continues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 460/2022 (WoD)
In
Appeal on Dairy No. 909/2022
Between
M/s. Dharmanandan Textiles and Ors. … Appellant/s V/s.
The Authorized Officer, Indiabulls Housing …Respondent/s Finance Ltd.
Mr. Rajesh Nagori, along with Sanjana Ghogare, Advocate for Appellants.
Mr. Rishabh Shah, along with Ms. Krushi N. Barfiwal and Mr. Shlok Bodas, i/b M/s. Parinam Law Association, Advocate for Respondents.
-: Order dated: 11/11/2022:-
Today the waiver application is taken up for hearing. The Respondent has filed a reply stating that the property has already been sold and a sale certificate registered in the name of the auction purchaser. The auction purchaser is not the party to the proceeding.
Hence, there is no binding order that can be passed against him. The Ld. Counsel appearing for the Appellant undertakes to take steps to bring the auction purchaser on the party array. Hence, an opportunity is granted. The order passed with regard to maintaining the status quo as of the date of the filing of the application shall continue.
Post on 22.12.2022 for hearing.
rm-10
1
1 issue framed by the court
Whether an order can be passed against an auction purchaser who is not a party to the proceeding and whose property has already been sold.
M/s. Dharmanandan Textiles and Ors.
The Authorized Officer, Indiabulls Housing Finance Ltd.
Ashok Menon
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
