Listed case on urgency and served respondents. Declared interim application infructuous. Pronounced interim order already granted in connected matter sufficient.
Urgency application disposed; case listed for service.
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Appeal Dy. No. 980/2022 Date: 12.12.2022
Union Bank of India Vs. Balwinder Singh Bhamra
Present: Shri Sandeep Arora, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 01.11.2022 passed by the DRT, Jabalpur in T.S.A. No. 01/2022. The I.A. No. 627/2022 being urgency application is pending consideration.
The matter has been taken-up today, therefore, the urgency application being I.A. No. 627/2022 has become infructuous and is disposed off as such.
Shri V. K. Shukla, Advocate has put in appearance on behalf of the respondent nos. 1 & 2 and submits that he has not been served with the copy of memo. Learned counsel for the appellant submits that he shall serve the same upon the counsel for the respondents no. 1 & 2 within 48 hours, who may file reply by the next date.
Issue notice to the remaining respondents by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
Learned counsel for the appellant contends that the auction purchaser has also preferred an Appeal Dy. No. 1056/2022, in which the interim protection was granted by this Tribunal. The learned counsel prays that the same interim order may also be passed in the present appeal and the present appeal may
be clubbed with the Appeal Dy. No. 1056/2022 filed by the auction purchaser.
Since the interim protection has already been granted in the connected Appeal Dy. No. 1056/2022, therefore, no interim order is required to be passed again.
List this case on 28.02.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Union Bank of India
Balwinder Singh Bhamra
Justice R. D. Khare
As recorded by the court registry
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