Ckc Star Leathers Private Limited v. Canara Bank And 2 Ors.

Appeal Dy. No. 275/2022 Date: 18.05.2023

Present: Shri Sandeep Arora, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondent no. 1- Bank, Shri V. K. Shukla, counsel for the respondent no. 2, Shri S. K. Gupta, counsel for the applicant/respondentAuction Purchaser.

Heard the learned counsel for the applicant on the urgency application being I.A. No. 379/2023, which has been filed by the respondent no. 3-Auction Purchaser for preponing the matter from 14.07.2023 on the ground that the movable assets, which were purchased by the said respondent, could not be handed over to the auction purchaser as the said items were perishable, which were substantial depreciated, therefore, the auction purchaser is not interested in purchasing the same. Since the possession thereof could not be handed over to him, therefore, his contract to supply the same to Uganda also failed. The record shows that the objection was taken by the respondent no. 2 in the S.A. that the movable goods, which have been sold by the respondentBank are not the secured asset, as the applicant is neither borrower nor guarantor, but he is a third party, therefore, the said goods could not have been auctioned.

After hearing the learned counsel for the applicant, it appears that there is no good ground made out in the urgency application for preponing the matter, therefore, the urgency application is rejected.

List this case on the date already fixed i.e. 14.07.2023.

Justice R. D. Khare

Chairperson

Anupam