In an interim order, the court directed the respondent Bank to return the auction money to the appellant-purchaser via a demand draft on the next date of hearing.
Direction to return auction money via demand draft on 27.09.2022.
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Regular Appeal No. 50/2018 Date: 19.09.2022
Manoj Kumar Vs. Canara Bank and Ors.
Present: Shri V. K. Shukla, Advocate holding brief of Shri Anirudh Pandey, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondents no. 1 & 2-Bank,
Learned counsel for the respondent-Bank submits that the present appeal has become infructuous in view of the fact that the auction, which was held, has already been cancelled by the DRT, Patna vide impugned order passed in S.A. No. 213/2012 and the borrower has deposited the entire amount and title deeds have been returned back. The learned counsel further contends that the present appeal has been filed after five years by the appellant-auction purchaser.
The learned counsel for the appellant submits that the auction money, which was deposited by the auction purchaser pursuant to the auction, has not been returned back to the appellant.
Learned counsel for the respondent-Bank submits that the Bank is ready to return the amount immediately to the auction purchaser.
List this case on 27.09.2022, on which date, the amount due to the appellant-auction purchaser be returned back by way of demand draft, thereafter appropriate order shall be passed.
Justice R. D. Khare Chairperson
VN Giri
1 issue framed by the court
Whether the auction has been cancelled by the Debts Recovery Tribunal, Patna.
Manoj Kumar
Canara Bank
R. D. Khare
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
