Single judge order condoning appellant's delay in filing appeal. Directs issuance of notices, maintenance of status quo regarding property possession, and lists the case for future service.
Delay in filing appeal condoned. Notices issued. Parties directed to maintain status quo regarding property till next hearing.
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Appeal Dy. No. 57/2022 Date: 23.03.2022
Syndicate Bank Vs. Shri Colonizers and Developers Pvt. Ltd. & Ors.
Present: Shri Maneesh Mehotra, counsel for the appellant,
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. 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 cause 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.
Issue notices 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 appellant states that the auction sale dated 14.12.2018 and sale certificate dated 27.12.2018 have been quashed by the Tribunal below and the appellant-Bank has been directed to return back the auction amount to the auction purchaser. Further, the respondent nos. 1 to 4-borrowers are
creating pressure upon the appellant to give back the physical possession of the property in question. Therefore, the impugned order dated 03.01.2022 be stayed.
Considering the facts and circumstances of the case, the parties are directed to maintain status quo, as it exists today, qua the property in question till next date.
List this case on 08.07.2022 for service.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether delay in filing appeal due to pending cause before High Court warrants condonation.
Whether parties must maintain status quo regarding property possession till next hearing.
Syndicate Bank
Shri Colonizers and Developers Pvt. Ltd.
Ors.
Justice R. D. Khare
VN Giri
As recorded by the court registry
11 orders share this CNR
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