Northern India Distributors and Ors. v. Axis Bank and Anr.

Appeal Dy. No. 29/2022

(Northern India Distributors and Ors. Vs. Axis Bank and Anr.)

20.04.2022

Shri Himanshu Mishra, holding brief of Shri Shashank Pathak Ld. Counsel for the appellant is present and files Dates and Events.

As regard Delay, Ld. Counsel has filed a copy of Hon’ble Supreme Court order in Suo Motu Writ Petition (C) No. 03 of 2020 and states that delay is covered by the said order.

Double Page Numbering has been corrected.

As regards pages which are illegible as pointed out by the Registry, Ld. Counsel undertakes that if required by the Court he will provide typed copy of the same. Ld. Counsel states that Stay Application filed along with Appeal and there is no additional facts in the Stay Application. Hence, separate Affidavit has not been filed with the Stay Application. Affidavit has been filed with the Appeal.

All the defects except the defects regarding pre-deposit.

No pre-deposit has been made. Ld. Counsel states that Waiver Application has been filed along with the Appeal. The property has been sold by the Bank. Ld. Counsel states that he will argue this point before Hon’ble Court.

This Appeal has been filed under section 18 of the SARFAESI Act against the Interim Order dated 09.12.2021 of DRT, Lucknow in S.A. 453 of 2019. Urgency Application, Stay Appliation and Waiver Application have been filed along with the Appeal.