Siksha Educational Trust v. Bank of India and 2 Ors.

I.A. No. 160/2021, I.A. No. 150/2021 & I.A. No. 113/2021 In Regular Appeal No. 20/2022

Date: 02.06.2022

Siksha Education Trust Vs. Bank of India

Present: Shri Ashok Pandey along with Shri Sanjay Kumar Gupta, counsel for the appellant, Shri Azad Khan, Advocate holding brief of Shri Alok Rai, counsel for the respondent-Bank,

Learned counsel for the appellant submits that pursuant to the earlier order dated 26.11.2021 of this Tribunal, on the report prepared by Shri Prabhav Srivastava, Advocate Commissioner, items were returned back, which were not hypothecated with the bank. The learned counsel submits that since the copy of report has not been served upon him, therefore, he has not challenged the same.

Learned counsel for the appellant submits that inspite of service of notice and the fact that the name of Ashok Kumar Shukla and Shri Vineet Sankalp has been shown as counsel for the respondents, but no one has appeared on their behalf for the last couple of dates.

List this case on 28.07.2022 for reply, by which time the Advocate commissioner Shri Prabhav Srivastava may file report after serving a copy of the same to the counsel for the appellant and the respondents may put in appearance and file reply, if so desired.

Learned counsel for the appellant submits that an application has already been filed for refunding the amount deposited towards pre-deposit, but the same has not been decided till date. Let the respondents file reply to the said averment made by the appellant by the next date. Learned counsel for the applicant undertakes to inform the learned counsels for the respondents about the order passed today in writing within 48 hours.