The court impleaded Shri Prabhakar Nigam, the auction purchaser, as a respondent under I.A. 156/2021 pending in Regular Appeal No. 38/2022.
Appellant implead the auction purchaser within a week and take steps for service by next date.
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I.A. No. 156/2021 & I.A. No. 106/2021 In Regular Appeal No. 38/2022
Date: 19.07.2022
Kashmir Singh Vs. Punjab National Bank and Anr.
Present: Shri Sahil Srivastava, counsel for the applicant, Shri Dhananjay Yadav, Advocate holding brief of Shri S. K. Srivastava, counsel for the respondent-Bank,
The office report dated 18.07.2022 shows that the I.A. No. 156/2021 for impleadment of the proposed respondent-Shri Prabhakar Nigam along with stay application are pending consideration. The said report further shows that no reply has been filed by the respondent-bank inspite of one opportunity being granted.
It is contended that the alleged property has already been sold illegally to the auction purchaser vide e-auction notice dated 18.03.2013 and the sale certificate has been issued on 05.04.2013 in favour of the auction purchaser namely Shri Prabhakar Nigam, S/o Shri Gyanendra Swaroop Nigam. It is further stated in the said application that the Bank has taken possession of the property in question vide possession notice dated 26.08.2021 and possession of the said property has been given to the auction purchaser by the Bank.
In view of the submission made in the impleadment application, the same is allowed. Let the appellant implead the auction purchaser as party in the case within a week and take steps for service of notice upon the newly added respondent within 15 days thereafter by two modes i.e. Registered Post with A.D. and Speed Post. Affidavit of service along with tracking report be filed by the next date.
List this case on 23.09.2022 for service.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether Impleadm Application has been allowed
2 provisions across 1 enactments
Kashmir Singh
Punjab National Bank
Shri Prabhakar Nigam
R. D. Khare
Anupam
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
