Mahendra Singh Tomar v. Catholic Syrian Bank Limited and 4 Ors.

Appeal Dy. No. 554/2022 Date: 11.12.2023

Mahendra Singh Tomar Vs. Catholic Syrian Bank Ltd. & Ors. Present: Shri Ashok Pandey, counsel for the appellant, Shri Supriy Mishra, counsel for the respondent-Bank,

Learned counsel for the appellant submits that the auction purchaser has filed reply, but the contesting party is the Bank, who has not filed same till date.

Learned counsel for the respondent-bank submits that he has filed his objection and also states that no pre-deposit has been made by the appellant, therefore, the present appeal is not maintainable.

Learned counsel for the appellant submits that the matter is of fraud, therefore, no pre-deposit is required in the present case. Learned counsel also submits that SARFAESI proceedings have been initiated after filing of the O.A. and in such matter, the Hon’ble Allahabad High Court has passed the interim order staying the SARFAESI proceedings in writ petition no. 2898/2023 vide order dated 27.09.2023, photocopy of the same has been produced before this court, which is taken on record.

Learned counsel for the appellant submits that as per the statute, there is no provision for revision and the appellant cannot be rendered as remediless. In the present matter, there is fraud and the SARFAESI proceeding cannot be maintained in view of the fact that it was initiated after filing of the O.A., therefore, the contention raised by the learned counsel for the respondent-Bank with regard to pre-deposit cannot be sustained.

Let the respondent-bank respond to the submission as made by the counsel for the appellant by the next date.