Canara Bank v. Neelama Pandey and Anr.

Appeal Dy. No. 56/2022 Date: 23.03.2022

Canara Bank Vs. Neelama Pandey & Anr.

Present: Shri Maneesh Mehrotra, counsel for the appellant, Shri Kushal Kant, counsel for the respondent-Borrower,

Learned counsel for the appellant submits that there is an annexure no. A-1 to the memo of appeal, which is an order passed by the Hon’ble High Court, Patna in Writ-C No. 682/2022Canara Bank Vs. DRT, Lucknow and two others, in which an interim protection was granted by passing an order dated 08.02.2022 of status quo, as there was no Chairperson appointed in DRAT, Allahabad and thereafter, the writ petition was dismissed vide order dated 24.02.2022 with a liberty to file the appeal. Pursuant to that, the appeal was filed on 10.03.2022, hence the delay was caused in filing the present appeal, which may be condoned.

In view of the above and the fact that the appellant was pursuing his case before the Hon’ble High Court on the ground that there was no Chairperson in this Tribunal, the delay occurred in filing the present appeal is condoned.

Learned counsel for the appearing respondent seeks time to file reply. Let the same be filed by the next date.

Issue notices 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 states that the entire proceedings initiated under the SARFAESI Act by the appellant-