Shantanu Shandilya v. Bank of Baroda and Anr.

Appeal Dy. No. 690/2022 Date: 29.09.2022

Shantanu Shandilya Vs. Bank of Baroda

Present: Shri Sandeep Arora, counsel for the appellant, Shri G. K. Srivastava, counsel for the respondent no. 1-Bank,

The report of the Registrar dated 21.09.2022 shows that the deficit court of Rs. 28,505/- has been deposited, but no predeposit has been made. The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 30.08.2022 passed by the DRT, Lucknow in S.A. No. 505/2016. The said report further shows that the I.A. No. 390/2022 for waiver, I.A. No. 389/2022 for expediting the proceedings of the case and I.A. No. 391/2022 for interim relief, have been filed.

Heard the learned counsel for the appellant.

Issue notices to the remaining respondents on the delay and waiver applications by two modes i.e. registered post with A.D. and speed post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

Learned counsel for the appellant submits that his interest may be protected by giving direction to the auction purchaser not to create any third party interest over the property in question.

Learned counsel for the respondent-Bank submits that no third party interest is being created.

In view of the above, till the next date of listing, the auction purchaser is directed not to create any third party interest over the property in question.