Ms Kodambi Traders And Anr. v. Bank of Maharashtra And 3 Ors.
Case brief
What is this about?
This order specifically addresses the maintainability of an appeal against a cancelled sale certificate. The bench noted the arguments regarding an undertaking by the auction purchaser and adjourned the matter for further hearing on the issue of pre-deposit. The substantive question of maintainability was left open for further arguments.
What the court decided
A compact analysis
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Appeal Dy. No. 1247/2023 Date: 19.12.2023
M/s Kodambi Traders Vs. Bank of Maharashtra
Present: Shri Akshat Agarwal along with Shri V.K. Shukla, counsel for the appellant,
Smt. Shruti Malaviya, counsel for the respondent-Bank, Shri S.K. Gupta, counsel for the respondent Auction Purchaser,
Learned counsel for the respondent-Auction Purchaser submits that on the basis of undertaking given by the auction purchaser on 27.10.2023, the appellant-borrower is taking advantage of the same, therefore, the said undertaking may be permitted to be withdrawn, because the present appeal is not maintainable. The learned counsel further submits that the undertaking was given on the pretext that he shall not change the nature of the property in dispute, but under the garb of that, the entire use of the property in dispute like; booking of wedding ceremony and celebrations of the marriage parties, which were already booked, is stalled by the borrower, which was not the intent of the undertaking given by the auction purchaser. Learned counsel for the auction purchaser undertakes that he will not change the nature of the property in dispute and shall remain confined to the same. The same arguments have been advanced by the learned counsel for the respondent-Bank.
Learned counsel for the appellant submits that the property cannot be used as the auction sale and the sale certificate have been cancelled by the Tribunal below vide order, which is impugned in the present case. However, the learned counsel for the appellant is ready to argue on the question of maintainability of the present appeal, as has been raised by the opposite parties.
Heard the learned counsels for the parties on the question of pre-deposit in part.
Issues for consideration
2 issues framed by the court
Whether the appeal is maintainable given the undertaking by the auction purchaser.
Whether pre-deposit is required for the further hearing of the appeal.
Parties & counsel
- appellant
M/s Kodambi Traders
- respondent
Bank of Maharashtra
- respondent
Auction Purchaser
Coram
Case details
As recorded by the court registry
All orders in this case
7 orders share this CNR
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