Disposed
Ragini Paridhi v. Balwinder Singh Bhamra and 2 Ors.
DRATREGULAR APPEAL/14/2023
What the court decided
AI extract
Outcome
Disposed
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Appeal Dy. No. 1056/2022 Date: 09.01.2023
Ragini Paridhi Vs. Balwinder Singh Bhamra
Present: Shri Ajal Krishna, counsel for the appellant-Auction Purchaser, Shri Ghazanfar Abbas, counsel for the applicant/respondentBorrower,
Heard the learned counsels for the parties on the urgency application.
Learned counsel for the appellant submits that he has not been served with the copy of urgency application being I.A. No. 762/2022. Learned counsel for the applicant/respondent submits that he shall serve the same upon the counsel for the appellant during course of the day.
Learned counsel for the applicant contends that the respondent-Bank has damaged a large portion of the property in question and the articles/goods lying in the said premises are being stolen, hence the urgency application may be allowed and the Misc. Application being M.A. No. 755/2022 filed by the applicant may be decided at the earliest.
Learned counsel for the appellant submits that the appellant is a bonafide auction purchaser and is in possession of the property in question. Learned counsel further submits that the appellant has not changed, damaged or altered the nature of the property in question nor any items lying in the said premises are being stolen. As such the submission made by the counsel for the applicant/respondent is incorrect, hence the matter is not required to be expedited, therefore, the urgency application filed by the borrower is liable to be rejected.
In view of the submission as made above, it appears that there is no ground for preponing the date already fixed in the case. Hence, the urgency application filed by the applicant/respondent is rejected.
List this case on the date already fixed i.e. 28.02.2023.
Anupam
Justice R. D. Khare Chairperson
Ragini Paridhi
Balwinder Singh Bhamra
Anupam
R. D. Khare
As recorded by the court registry
8 orders share this CNR
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