Nainital Bank v. M/ S Chitra Chaurasiya
Case brief
What is this about?
The Tribunal dismissed the appeal by M/s Chitra Chaurasiya as not maintainable because the respondent stated that the Tribunal's earlier order was implemented. The Bank was granted liberty to verify this claim and file a fresh application if the statement is incorrect.
What did the court decide?
Liberty granted to appellant to verify implementation and file application within 10 days if respondent's statement is incorrect; otherwise appeal dismissed.
Appeal Dy. No. 1190/2022 Date: 11.07.2023
Nainital Bank Vs. M/s Chitra Chaurasiya
Present: Shri N. K. Dwivedi, Advocate holding brief of Shri Rakesh Mishra, counsel for the appellant, Shri Sahil Srivastava, counsel for the respondent-Auction Purchaser,
Perusal of earlier order of this Tribunal dated 28.03.2023 shows that the learned counsel for the appellant was given time to verify the fact as to whether the order impugned has been implemented or not, whereas it has been stated by the learned counsel for the respondent-Auction Purchaser that the order impugned has been implemented by the appellant– Bank, hence the appeal is not maintainable. However, the learned counsel for the appellant seeks further time to verify the said fact.
In view of the submission made by the learned counsel for the respondent-Auction Purchaser, the appeal is dismissed as not maintainable. However, the learned counsel for the appellant is given liberty to move an appropriate application before this Tribunal within 10 days, if the statement of the counsel for the respondent-Auction Purchaser is found to be incorrect.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the appeal is maintainable when the respondent has stated that the impugned order has been implemented.
Parties & counsel
- appellant
Nainital Bank
- respondent
M/s Chitra Chaurasiya
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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