A two-line order by NCLT remands the regular appeal to be listed on 10.01.2023 after noting appellant's counsel's proposal regarding potential adjournment.
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Regular Appeal No. 227/2016 Date: 02.12.2022
Shishir Shukla Vs. State Bank of India & Ors.
Present: Shri S. K. Gupta, Advocate holding brief of Shri P.N Tripathi, counsel for the appellants, None for the respondents,
Learned counsel for the appellants submits that a very short issue is pending in this matter, whether the amount is to be refunded by the United Bank of India to the appellant, who is purchaser of the property from the auction purchaser. It is contended that the appellant has purchased the property from the auction purchaser, who had purchased the property from United Bank of India. It is contended that the appellant had deposited the amount with the ARCIL, which is assignee of the respondent-State Bank of India. It is also contended that after purchase of the property in question, the appellant came to know that the said property was mortgaged with the respondent-State Bank of India. It is contended that the appellant has settled the matter with the ARCIL, therefore, the amount received from the auction purchaser is to be refunded by the United Bank of India to the appellant, who had auctioned the property. Since the learned counsel for the respondents are not present today, therefore, the case is being adjourned. The appeal is of the year 2016, therefore, it is made clear that the matter will not be adjourned on any ground whatsoever on the next date.
Learned counsel for the appellant is directed to inform the learned counsels for the respondents about the order passed today in writing within 48 hours.
List this case on 10.01.2023 for hearing.
Justice R. D. Khare
Chairperson
VN Giri
Shishir Shukla
State Bank of India
R. D. Khare
VN Giri
As recorded by the court registry
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