Shri Anirudh Prasad Singh and Anr. v. Central Bank of India and Ors.

Appeal Dy. No. 401/2019 Date: 15.11.2022

Shri Anirudh Prasad Singh & Anr. Vs. Central Bank of India & Ors.

Present: Shri Alok Rai, counsel for the appellants, Shri Himanshu Tiwari, counsel for the respondent-Bank, Shri Anay Kumar Srivastava, counsel for the respondent no. 4-Auction Purchaser,

Learned counsel for the appellants states that he has already filed an affidavit to the affidavit of the respondents, which is on record, stating that status quo order has been flouted.

Learned counsel for the respondent has drawn attention of this court to annexure no. 13 of the memo, which is sale certificate dated 24.08.2018 issued in favour of the respondent no. 4-Auction Purchaser. The learned counsel further submits that due to illegal intervention of the appellant with the premises, which was purchased by the respondent no. 4-auction purchaser in auction, the entire business has been hampered, which also resulted in cancellation of the dealership of Mahindra and Mahindra company. Therefore, only prayer made is that the auction purchaser may be permitted to use the premises in question as an interim measure till the disposal of the present appeal.

It is expected that the order, which has been passed by this Tribunal on 28.02.2020 directing the parties to maintain the status quo will be followed strictly and the property, which was purchased by the respondent no. 4, is permitted to be used by them as an interim measure till next date. However, it is provided that the respondent-borrower will not act in any manner, which may create third party interest in the property in question.

List this case on 13.12.2022.