The Debt Recovery Appellate Tribunal allowed an application seeking to implead an auction purchaser as a respondent in a pending appeal, holding their presence necessary for a fair decision.
Application to implead the petitioner as a respondent to the appeal allowed.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
IA 675/2021 & IA 118/2022
In
R.A:55/2017
K.Dinakar V/S Canara Bank & Anr
29/11/2022
This application is filed to implead the petitioner as one of the respondents to the appeal. Advocate for petitioner contended that presence of petitioner/auction purchaser is necessary for arriving at a fair decision in the appeal. Appellant in person opposed the application on the ground that petitioner has no locus standi as he is a stranger to the ‘ Lis ’. Appellant also raised objections which are in respect of merits of appeal which have to be decided only in the main appeal and not in this application.
Considering the reasons stated in the affidavit filed in support of petition and objections of appellant, without prejudice to the rights of both parties to be agitated in the main appeal, impleading application is allowed. Appellant shall carry out amendment and file a neat copy within two weeks from today after serving a copy on proposed respondent.
Post the matter on 13.12.2022.
Sd/Chairperson
1 issue framed by the court
Whether an auction purchaser should be impleaded as a respondent in an appeal pending before the Debt Recovery Appellate Tribunal.
K.Dinakar
Canara Bank & Anr
Chairperson
As recorded by the court registry
19 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
