Ragini Paridhi v. Balwinder Singh Bhamra and 2 Ors.

Appeal Dy. No. 1056/2022 Date: 07.12.2022

Ragini Paridhi Vs. Balwinder Singh Bhamra

Present: Shri Ajal Krishna, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent-bank,

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 TSA No. 01/2022 (S.A. No. 341/2019, whereby the sale proceedings conducted by the respondent-Bank have been set aside.

Issue notice to the 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 respondent-Bank submits that he has not been served the copy of memo of appeal. Learned counsel for the appellant undertakes to serve the same upon the learned counsel for the respondent-Bank, who may file reply by the next date.

Learned counsel for the appellant submits that he is bonafide purchaser for value of the property in question and is in possession of the same, but the Tribunal below vide impugned order has set aside all the proceedings of the Bank and directed to restore the possession of the property in question, therefore, he prays that the interest of the appellant may be protected till the disposal of the present appeal.

In view of the above, all the parties are directed to maintain the status quo qua the property in question, as it exists today, till the next date.