The court dismissed the first appeal as infructuous since the auction purchaser appeared. The second appeal was disposed of because respondent-Bank opposed no objection to considering subsequent events, leaving nothing to adjudicate.
Appeal Dy. No. 313/2020 dismissed as infructuous; Appeal Dy. No. 314/2020 disposed of.
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Appeal Dy. No. 313/2020 Date: 24.05.2023
M/s Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. Vs. Bank of India & Ors.
Appeal Dy. No. 314/2020 M/s Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors. Vs. Bank of India & Ors.
Present: Shri V. K. Shukla, counsel for the appellants, Shri A. K. Pal, counsel for the respondent-Bank, Shri R. N. Pandey, counsel for the respondent no. 3, Shri Sandeep Arora, counsel for the respondent no. 4,
Learned counsel for the appellants contends that the appeal Dy. No. 313/2020 has been filed against the order passed by the Tribunal below, whereby the impleadment application filed for impleading the auction purchaser has been rejected. Since the auction purchaser has already put in appearance in the case, therefore, the said appeal has become infructuous.
In view of the aforesaid, the appeal Dy. No. 313/2020 is dismissed as having become infructuous.
So far as the appeal Dy. No. 314/2020 is concerned, the same has been filed against the order of the Tribunal below, whereby the amendment application filed for taking on record the subsequent events has been rejected, but the learned counsel for the respondent-Bank has no objection, if the subsequent events are taken into consideration for deciding the matter finally. As such, there remains nothing to be adjudicated in the present appeal also.
Accordingly, the Appeal Dy. No. 314/2020 also stands disposed off.
Justice R. D. Khare Chairperson
Anupam
M/s Maa Poornagiri Sheetgrah Pvt. Ltd. and Ors.
Bank of India & Ors.
R. D. Khare
Anupam
As recorded by the court registry
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