Shah Mohammad v. Bank of Baroda and Ors.

M.A. No. 01/2021 In Appeal Dy. No. 107/2020 Date: 12.05.2022

Shah Mohammad Vs. Bank of Baroda & Ors.

Present: Shri S. K. Gupta, counsel for the appellant (respondent no. 4 in recall application), Shri Maneesh Mehrotra, counsel for the respondent no. 1 & 2- Bank,

Shri Ashok Pandey, counsel for the applicant/respondent no. 5-Auction Purchaser,

The office report dated 11.05.2022 shows that pursuant to the earlier order dated 07.03.2022, the applicant was directed to take steps for service of notice upon the remaining respondents and the applicant has taken steps, but he has not collected the same from the registry and the same are still lying in the file. As per record, all the parties have appeared through their respective counsels, but no one is appearing on behalf of the respondent no. 3, therefore, the applicant is again directed to take steps within 15 days only for service of notice upon the respondent no. 3 as per order dated 07.03.2022.

Learned counsel for the respondent-Bank submits that he does not want to file any reply to the recall application. The main objection is that since the appellant has withdrawn the appeal, therefore, no recall application can be moved by a third party.

Shri S. K. Gupta, learned counsel for the appellant in the appeal, which has been dismissed as withdrawn, prays for and is granted time to file reply. The same be filed by the next date.

List this case on 27.07.2022 for reply.