Appeal restored to original number after recalling orders for non-prosecution noting appearance of counsel for respondent no. 4.
M.A. No. 46/2021 allowed; earlier orders recalled; appeal restored to original number.
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M.A. No. 46/2021 In Regular Appeal No. 47/2017 Date: 24.11.2022
Yamuna Sikaria & Ors. Vs. The Federal Bank Ltd. & Ors.
Present: Shri Alok Rai, counsel for the appellants, None for the respondent no. 4,
Learned counsel for the appellants submits that steps were taken by paper publication and on 26.04.2022, when the matter was listed earlier, Shri Sudhanshu Mishra, Advocate had appeared on behalf of the respondent no. 4. It is contended that the S.A. filed by the appellants-borrowers against the auction of the secured asset, which is in favour of the auction purchaser, has been challenged. He has challenged entire auction proceedings, which has taken place against the secured asset. Since the paper publication for effecting service upon the respondents was made on 10.09.2019, copy of which has been produced before this court, which is taken on record.
In view of the above, the restoration application being M.A. No. 46/2021, wherein a prayer has been made for recalling the orders dated 14.06.2021 and 30.06.2021, by which the appeal was dismissed by this Tribunal for non-prosecution deserves to be allowed. The cause shown in the application is sufficient, therefore, the orders dated 14.06.2021 and 30.06.2021 are hereby recalled and the appeal is directed to be restored to its original number.
List this case on 01.03.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Yamuna Sikaria & Ors.
The Federal Bank Ltd. & Ors.
R. D. Khare
As recorded by the court registry
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