Harsh Chopra v. M/ S Maruti Automobiles and 4 Ors.

Appeal Dy. No. 367/2022 Date: 15.03.2023

Harsh Chopra Vs. M/s Maruti Automobiles & Ors.

Present: Shri Adarsh Bhushan, counsel for the appellantAuction Purchaser, Shri V. K. Shukla, counsel for the respondent nos. 1 to 4, Shri Maneesh Mehrotra, counsel for the respondent-Bank,

Heard the learned counsel for the appellant.

Learned counsel for the appellant contends that instead of filing a reply to the present appeal pending before this Tribunal, the respondent nos. 1 to 4 chosen to file writ petition no. 18005 of 2022 before the Hon’ble Patna High Court, which has finally been decided on 27.02.2023 with a direction that the parties be heard on the delay condonation application and the same be decided accordingly.

Learned counsel for the respondent-Bank contends that the order impugned was passed on 20.05.2022, certified copy of which was never served upon the Bank and the Bank came to know about the same on 20.06.2022, when it was received alongwith the letter of the District Magistrate for taking physical possession of the property in question. It is contended that after receipt the letter of the District Magistrate concerned, the Bank immediately applied for certified copy of the order, which was received by the bank on 23.06.2022 and immediately after one week, the present appeal was filed on 01.07.2022. Hence, there is no delay in filing the present appeal.

Learned counsel for the respondent nos. 1 to 4 submits that the copy of appeal has not been given to him. The same may be given along with delay condonation application, so that he may file reply. Learned counsel for the appellant undertakes