Canara Bank v. Om Prakash Pandey and 2 Ors.

Appeal Dy. No. 1075/2022 Date: 11.01.2023

Canara Bank Vs. Om Prakash Pandey & Ors.

Present: Shri Ankur Gupta, counsel for the appellant, Shri J. K. Mishra, counsel for the respondent no. 1,

Heard the learned counsels for the parties.

It is contended on behalf of the appellant that there is only 29 days delay in filing the present appeal that too on account of the registry of the Tribunal below. The delay is not on the part of the counsel for the appellant, therefore, the same may be condoned.

Learned counsel for the respondent no. 1 does not have any objection to the argument as advanced on behalf of the appellant.

In view of the above, the delay occurred in filing the present appeal is hereby condoned.

Learned counsel for the appellant contends that the property was auctioned and the possession has been handed over to the auction purchaser 12 years back, who may have created third party interest over the property in question.

Learned counsel for the respondent no. 1 submits that he is in possession of the property in question.

Issue notice to the remaining respondents 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.