Master Anurag Kumar and 4 Ors. v. Canara Bank And 8 Ors.
Case brief
What is this about?
In an interim order, the Tribunal adjourned the hearing of an interim application challenging the dispossession of appellants and alleged misfeasance by the auction purchased and the Bank. No substantive decision was rendered.
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I.A. No. 183/2021 In Appeal Dy. No. 51/2021 Date: 09.03.2022
Master Anurag Kumar and Ors. Vs. Canara Bank & Ors.
Present: Shri Ashok Pandey, counsel for the appellant, Shri S. K. Srivastava, counsel for the respondent-Bank, Shri M. K. Srivastava, counsel for the respondents No 3 & 4- Auction Purchasers,
Learned counsel for the appellants has moved an I.A. No. 183/2021 and copy of the same has been served upon the counsel for the respondent-Bank.
Learned counsel for the respondents-Auction Purchasers submits that the copy of the memo as well as the application has not been given to him, although the learned counsel for the appellant submits that the same has been served. However, the learned counsel undertakes to serve the same again upon the learned counsel for the auction purchasers within 24 hours.
Learned counsel for the appellants further submits that inspite of the order dated 08.04.2021 passed by this Tribunal, whereby the auction purchaser was restrained from creating third party interest in the property till next date, the third party interest has been created and the appellants have been dispossessed. Further, the unhypothecated movables belonging of the appellants have also been taken away by the Bank and even inventory was prepared, but the same has not been served upon the appellants till date. For the said acts of the Bank, the appellants have sent a letter to the Chief Manager, Canara Bank, Patna with a copy to the Police Authority (DIG) for taking appropriate action.
Learned counsel for the respondent-Bank states that since the copy of the interim application has been served today, therefore,
Parties & counsel
- appellant
Master Anurag Kumar and Ors.
- respondent
Canara Bank
- respondent
Ors. Auction Purchasers
Coram
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