Shah Mohammad v. Bank of Baroda and Ors.

M.A. No. 01/2021 In Appeal Dy. No. 107/2020 Date: 17.10.2022

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 respondents no. 1 & 2-Bank, Shri Ashok Pandey, counsel for the applicant/respondent no. 5-Auction Purchaser,

Heard the learned counsels for the parties.

Learned counsel for the applicant/respondent no. 5 (Auction Purchaser) submits that inspite of the fact that the sale was confirmed in favour of the auction purchaser, the borrower and the Bank have entered into compromise, when the appeal was pending before this Tribunal. After entering into the compromise, the present appeal was dismissed as withdrawn, therefore, the present recall application has been filed.

Learned counsel for the appellant submits that the appellant is a master of suit, therefore, he can withdraw the appeal and if he does not want to press the appeal and nobody can force him to pursue the appeal.

Learned counsel for the respondent no. 5/applicant submits that there is no dispute with regard to the withdrawal of the appeal, but the status of the order impugned may not be changed.

Reply to the recall application as well as rejoinder to the same have been filed.

Let the learned counsel for the appellant respond to the legal submission as made by the learned counsel for the respondent no. 5/applicant on the next date.