Sharvan Kumar Shukla v. Bank of Baroda and 2 Ors.
What the court decided
A compact analysis
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Appeal Dy. No. 18/2020 Date: 20.09.2022
Sharvan Kumar Shukla Vs. Bank of Baroda & Ors.
Present: Shri D. N. Awasthi, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondent-Bank,
Heard the learned counsels for the parties.
The office report dated 19.09.2022 shows that the proof of publication for service of notice upon the respondent no. 2 & 3 has been filed, but none has put in appearance on behalf of the said respondents. If no one appears on behalf of the said respondents on the next date, appropriate order shall be passed.
The office report further shows that an amount of Rs. 7.70 lacs as pre-deposit has been deposited and reply of the respondent-Bank is on record, to which rejoinder is also filed. The said report also reveals that the waiver application is pending consideration and the objection to the same is already filed. The application being I.A. No. 280/2022 is filed for seeking permission to file some documents, which is also pending consideration.
An I.A. No. 323/2022 has been filed by the appellant for expediting the hearing of the matter on the ground that the respondent-bank has attached the property illegally.
There is no good ground made out for expediting the proceedings of the case, which is already fixed for 11.11.2022. Accordingly, the urgency application i.e. I.A. No. 323/2022 is rejected and the matter be posted on the date already fixed i.e. 11.11.2022.
Issues for consideration
2 issues framed by the court
Whether an application for expediting hearing is permissible given that the matter is already listed for hearing.
Whether service of notice on absent respondents is complete.
Parties & counsel
- appellant
Sharvan Kumar Shukla
- respondent
Bank of Baroda & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
16 orders share this CNR
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