Divyansi Traders and another v. Bank of India and 3 Ors.

Appeal Dy. No. 611/2022 Date: 15.02.2023

Divyansi Traders & Anr. Vs. Bank of India

Present: Shri S. K. Gupta, counsel for the appellants, None for the respondent-Bank,

The office report dated 14.02.2023 shows that neither any pre-deposit has been made by the appellant nor any reply has been filed by the respondent-Bank to the waiver application.

Learned counsel for the appellant submits that there is no demand against the appellants and inspite of the same, the possession has already been taken by the bank and the property is being auctioned.

It is brought to the notice of this Tribunal that on the last occasion also, counsel for the respondent-Bank was not present and the counsel for the appellant was directed to inform the learned counsel for the respondent-bank about the order passed on that date in writing within 48 hours and the same was duly intimated to him but despite the same he is not present today. In this regard the learned counsel submits that he shall file the proof of intimation on the next date.

However, the learned counsel for the appellant is again directed to inform the learned counsel for the respondentBank about the order passed today in writing within 48 hours. It is made clear that if the learned counsel for the respondent-Bank does not appear on the next date, appropriate order shall be passed.

List this case on 08.05.2023 for reply.