M/s Shri Sai Geetanjali Honda v. Canara Bank And 3 Ors.

Appeal Dy. No. 382/2020 Date: 13.12.2022

M/s Shri Sai Geetanjali Honda Vs. Canara Bank and Ors.

Present: Shri Satyajeet Mukherji, counsel for the appellant, Shri S. K. Srivastava, counsel for the respondents No. 1 & 2- Bank, Shri Saurabh Suman, counsel for the respondents no. 3 & 4- Auction Purchasers,

Learned counsel for the respondent-Bank submits that he has not been served with the copies of I.A. No. 55/2022 and 184/2021. Learned counsel for the appellant submits that he has already been served the copy of I.As. upon the counsel for the respondent-Bank, however, he will serve again the same within 48 hours. Let the respondents file reply by the next date.

Learned counsel for the appellant contends that he has brought on record the agreement to sale executed by the auction purchaser and this proof is enough to authenticate that the auction purchaser is trying to create third party interest over the property of the appellant, who was the original owner of the property, which was sold by the Bank, therefore, it is contended that his interest may be protected, otherwise the appeal would become infructuous.

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.

List this case on 22.02.2023 for reply.

Justice R. D. Khare Chairperson