Arvind Kumar v. Central Bank of India and 3 Ors.
Case brief
What is this about?
The Court noted that the respondent-Bank's counsel was absent and the respondent-Auction Purchaser had not filed an appearance. It directed the appellant to serve notice on respondent no. 4 by newspaper publication and listed the case for waiver on the fixed date.
What did the court decide?
Directed appellant to serve notice on respondent no. 4 by newspaper publication within 10 days and listed case for waiver on 31.05.2023.
Appeal Dy. No. 892/2022 Date: 24.05.2023
Present: Shri S. K. Gupta, counsel for the appellant, Shri Manoj Kumar, Advocate holding brief of Shri S. K. Srivastava, counsel for the respondent-Bank, None for the respondent no. 3-Auction Purchaser,
The office report dated 23.05.2023 shows that no reply has been filed by the respondent nos. 1 & 3 on the waiver application and none has put in appearance on behalf of the respondent no. 2. The said report further reveals that the notice sent to the respondent no. 4 has returned back with endorsement “insufficient address”.
Let the appellant take fresh steps within 10 days for service of notice upon the respondent no. 4 by publication in the newspaper having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
Learned counsel for the respondent-Bank submits that the arguing counsel Shri S. K. Srivastava is out of station today, therefore, he is unable to appear before this Court, hence he seeks adjournment.
Learned counsel for the appellant submits that the matter has been adjourned time and again at the behest of the learned counsel for the respondent-Bank and he is ready to argue on the waiver.
List this case on 31.05.2023 for waiver. It is made clear that the matter will not be adjourned on the date fixed.
Justice R. D. Khare Chairperson
Issues for consideration
3 issues framed by the court
Whether the notice to the appellant's counterparty in the auction sale required to be served by publication due to insufficient address.
Whether the matter of waiver could be heard on the fixed date despite the absence of the Bank's counsel.
What fresh steps to be taken by the appellant regarding service of notice within ten days.
Parties & counsel
- appellant
Appellant
- respondent
Respondent No. 2 (Bank)
- respondent
Respondent No. 3 (Auction Purchaser)
- respondent
Respondent No. 4
Coram
Case details
As recorded by the court registry
All orders in this case
12 orders share this CNR
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