Partly allowed

M/S Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. v. Bank of India and Ors.

DRAT17 May 2022

Case brief

AI extract

What is this about?

The Court allowed an impleadment application to array auction purchasers as respondents. The appellant was directed to serve notice on the new respondents via Registered Post and Speed Post. Service of the memo on the original respondent-Bank was noted as pending.

What did the court decide?

Impleadment application allowed; auction purchasers to be impleaded; appellant to serve notice on new respondents within 15 days.

M/S Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors… — Contract and Commercial Disputes | DRAT (2022)

¶1

I.A. No. 71/2022, I.A. No. 70/2022 & I.A. No. 69/2022 In Appeal Dy. No. 428/2019

¶2

Date: 17.05.2022

¶3

M/s Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. Vs. Bank of India & Anr.

¶4

Present: Shri Raj Kumar Tiwari, counsel for the appellants, Shri A. K. Pal, counsel for the respondent-Bank,

¶5

An impleadment application being I.A. No. 71/2022 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.

¶6

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.

¶7

Learned counsel for the respondent-Bank submits that the copy of memo has not been served upon him and the office report dated 13.05.2022 shows that no reply has been filed and delay condonation application is pending consideration.

¶8

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.

¶9

Let the appellant file rejoinder to the reply of the respondentBank by the next date.

¶10

Learned counsel for the respondent-Bank submits that reply to the I.A. No. 69/2022 has already been prepared and sent for signature of the Bank authorities, which is awaited and states that as per own admission of the appellant, there is already an interim order in the present appeal. Let the reply be filed by the next date.

¶11

List this case on 08.08.2022 for service. Till then the interim order, if any, shall continue.

¶12

Justice R. D. Khare Chairperson

¶13

VN Giri

M/S Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. v. Bank of India and Ors.

Case brief

What is this about?

What did the court decide?

M/S Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. v. Bank of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt Rajeshwari Devi Agerwal through Lrs versus Punjab National Bank and 4 Ors.

Smt Malti Singh Chauhan versus State Bank of India and 3 Ors.

Bihar Gramin Bank and Anr. versus Shri Arjun Chaudhary and Anr.

Axis Bank versus Ram Ekwal Prasad and Ors.

Shri Anand Prakash Sahu versus a O Punjab National Bank and Others

Syndicate Bank versus R N Kamboj and Others