Abhay Kumar and Anr. v. Bank of India and Anr.

Appeal Dy. No. 1165/2022 Date: 05.01.2023

Abhay Kumar Vs. Bank of India

Present: Shri Kushal Kant, counsel for the appellant,

Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 14.12.2022 passed by the DRT, Jabalpur in S.A. No. 46/2022. The report of the Registrar dated 23.12.2022 shows that I.A. No. 720/2022 being urgency application, I.A. No. 722/2022 being waiver application and I.A. No. 721/2022 being stay application have been filed.

Since the matter has been taken up today, therefore the urgency application has become infructuous and is disposed off as such.

The report further records that the appellant is an auction purchaser and has deposited 25% amount i.e. Rs. 41.50 lacs against the bid amount of Rs. 1.66 crores and no pre-deposit has been made.

Issue notices to the respondents on the waiver and stay 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.

List this case on 13.04.2023 for service.

Justice R. D. Khare Chairperson