Bank of Baroda v. Yadav Dairy Farm and 3 Ors.

Appeal Dy. No. 218/2020 Date: 20.02.2023

Bank of Baroda Vs. Yadav Dairy Farm and Ors.

Present: Shri Maneesh Mehrotra, counsel for the appellantBank, Shri V. K. Shukla, counsel for the respondents No. 3 and 4,

Learned counsel for the appellant submits that vide order impugned dated 16.09.2019 passed by the Tribunal below, it was directed that the Bank shall return the money to the auction purchaser with the applicable FDR interest from the date of receipt within a week and the Bank shall also pay an amount of Rs. 6,77,037/-, which is an amount incurred by the auction purchasers towards registration of the property at Sr. No. 1 within a period of 45 days. It is thus contended that this is a short question, which is to be adjudicated, as the sale was set aside by the Tribunal below on the mistake committed by the Bank, therefore, the impugned order was passed, in which the aforesaid direction was issued.

Learned counsel for the appellant-Bank submits that in the subsequent sale, the respondent-Auction Purchaser has purchased the property in question and further submits that he needs some time to prepare the matter.

List this case on 10.05.2023 for service.

Justice R. D. Khare Chairperson

VN Giri