M/ S Maa Poornagiri Sheetgrah Pvt. Ltd. v. Bank of India and Ors.
Case brief
What is this about?
The bench allowed an application to implead auction purchasers as respondents in an appeal. The court directed service of the memo on existing counsel and further service on new respondents via post within 15 days.
What did the court decide?
Impleadment application allowed; auction purchasers arrayed as respondents; service of notice directed within 15 days.
What the court decided
I.A. No. 68/2022 In Appeal Dy. No. 314/2020 Date: 17.05.2022
M/s Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. Vs. Bank of India & Anr.
Present: Shri Raj Kumar Tiwari, counsel for the appellants, Shri A. K. Pal, counsel for the respondent-Bank,
An impleadment application being I.A. No. 68/2022 has been filed by the appellants, stating that the respondent-Bank has auctioned the properties of the appellants and executed the sale deed in favour of the auction purchasers namely Pankaj Gupta and Dhirendra Singh, who are required to be arrayed as parties in the present case, therefore, the said application be allowed.
In view of the aforesaid, the impleadment application is allowed and the auction purchasers be arrayed as respondents in the memo of appeal within a week.
Learned counsel for the respondent-Bank submits that the copy of memo has not been served and the office report dated 13.05.2022 shows that no reply has been filed and delay condonation application is pending consideration.
Learned counsel for the appellant is again directed to serve a copy of memo upon the counsel for the respondent-Bank, who may file reply by the next date.
Since the auction purchasers have been arrayed as newly respondents, therefore, the appellant is directed to take steps within 15 days for service of notice upon the said newly respondents by two modes i.e. Registered Post with A.D. and Speed Post. Affidavit of service along with tracking report be filed by the next date.
Issues for consideration
2 issues framed by the court
Whether auction purchasers who acquired properties of appellants need to be impleaded as respondents in the appeal.
Whether the delay in filing reply to the memo of appeal can be condoned.
Parties & counsel
- appellant
M/s Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors.
- respondent
Bank of India & Anr.
- respondent
Pankaj Gupta and Dhirendra Singh
Coram
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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