The High Court granted a last opportunity to the auction purchaser to file a reply, citing interest of justice regarding procedural irregularities in notice service, and listed the case for 25.01.2023.
Granted 10 days to file a reply; case listed for 25.01.2023.
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Regular Appeal No. 41/2016 Date: 05.12.2022
Geeta Tiwari Vs. Punjab National Bank & Ors.
Present: Shri Manish Tiwari, counsel for the appellant, Shri Neeraj, Advocate holding brief of Shri A. K. Jaiswal, counsel for the respondent-Bank,
Shri Rahul Kesharwani along with Shri Vivek Shukla has filed his vakalatnama on behalf of the respondent no. 3-auction purchaser, who states that the respondent no. 3 resides at Bangalore, but the notices were sent to the address of the auction purchaser at Ballia, therefore, nobody could appear earlier. Therefore, the delay occurred in appearance may be condoned.
Learned counsel for the appellant contends that the appeal is of the year 2016 and since then notices were being sent to the respondent no. 3 at her residential address at Ballia, where her entire family resided, but the respondent no. 3 deliberately chose not to appear and the learned counsel has appeared at very belated stage.
In the interest of justice, last opportunity of 10 days is being granted to the respondent no. 3 to file reply, failing which right of the respondent no. 3 to file reply shall stand closed.
List this case on 25.01.2023 for reply.
Justice R. D. Khare Chairperson
VN Giri
2 issues framed by the court
Whether the delay in appearance by the auction purchaser can be condoned.
Whether a last opportunity to file a reply is to be granted to the respondent.
Geeta Tiwari
Punjab National Bank & Ors.
Respondent no. 3 (auction purchaser)
R. D. Khare
VN Giri
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
