The Tribunal directed the appellant to serve notice on respondent no. 5 through newspaper publication within ten days. The served respondents were ordered to appear and file a reply by the next date. The case was listed for service on 20.02.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appeal Dy. No. 198/2022 Date: 03.02.2023
Mahendra Singh Tomar Vs. Catholic Syrain Bank Ltd. & Ors.
Present: Shri Varchaswa Dwivedi, Advocate holding brief of Shri Ashok Pandey, counsel for the appellant, Shri Bablu, Advocate holding brief of Shri Supriy Mishra, counsel for the respondent-Bank, Shri Amit Sonkar, counsel for the respondent-Auction Purchaser,
A mention has been made on behalf of the learned counsel for the appellant that the arguing counsel Shri Ashok Pandey could not come due to some personal difficulty, therefore, he prays for adjournment.
The office report dated 02.02.2023 shows that the tracking report filed by the appellant is on record, according to which the respondent nos. 2 to 4 have been served, but the learned counsel for the appellant has not taken any steps for service of notice upon the respondent no. 5 through paper publication as ordered by this Tribunal on 13.01.2023. Let the steps be taken by the appellant within 10 days for serve of notice upon the said respondent through publication in the newspapers having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
The served respondents may put in appearance and file reply by the next date.
List this case on 20.02.2023 for service. Till then the interim order, if any, shall continue.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the appellant should be directed to serve notice on the unlocated respondent via newspaper publication within ten days.
Mahendra Singh Tomar
Catholic Syrian Bank Ltd. & Ors.
R. D. Khare
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
