R C C Infraventures Ltd. v. Union Bank of India and Anr.
Case brief
What is this about?
The Tribunal dismissed the urgency application (I.A. No. 179/2022) as infructuous due to lack of documentation proving the appellant's claim of the bank attempting forcible possession of an auctioned asset. The case was listed for hearing.
What did the court decide?
Dismissal of I.A. No. 179/2022 as infructuous. Case listed for hearing on 08.08.2022.
What the court decided
I.A. No. 236/2022, I.A. No. 181/2022, I.A. No. 180/2022 & I.A. No. 179/2022 In Appeal Dy. No. 325/2022
Date: 29.07.2022
RCC Infraventures Ltd. Vs. Union Bank of India
Present: Shri Harsh Chopra, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent-Bank, Shri S. K. Gupta, counsel for the respondent-HDFC
The record shows that the I.A. No. 179/2022 is urgency application, I.A. No. 180/2022 is waiver application and the I.A. No. 181/2022 is stay application, which were filed by the appellant at the time of filing of the present appeal.
Now I.A. No. 236/2022 has been filed for expediting the hearing of the matter, which is already fixed for 13.09.2022, on the ground that the respondent-Bank is trying to take forcibly possession of the secured asset, which was auctioned by the respondent-Bank on 29.04.2022. There is nothing on record to show that any such steps have been taken by the Bank. Let the appellant file document to authenticate the averment made by him in the urgency application regarding urgency by the next date fixed after serving copy of the same to the counsel for the respondent-Bank.
Learned counsel for the respondent-Bank submits that inspite of direction of this Tribunal to the learned counsel for the appellant on the last occasion for serving copy upon the counsel for the respondent-Bank, the same has not been done till date.
Learned counsel for the appellant contends that he will serve the copy of memo along with urgency application upon the counsel for the respondent-bank within 48 hours.
Issues for consideration
2 issues framed by the court
Whether the urgency application I.A. No. 179/2022 should be dismissed as it has become infructuous due to failure to prove the averments regarding the urgency.
Whether the appeal requires expedited hearing due to alleged forcible possession attempts by the Bank.
Parties & counsel
- appellant
RCC Infraventures Ltd.
- respondent
Union Bank of India
- respondent
HDFC
Coram
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
Similar cases
Judgements on the same questions, provisions and authorities, from every court