Ajay Shankar Singh and Anr. v. Axis Bank and Ors.
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Regular Appeal No. 19/2020 Date: 27.02.2023
Ajay Shankar Singh & Anr. Vs. Axis Bank & Ors.
Present: Shri Manoj Kumar, Advocate holding brief of Shri Manoj Kumar Srivastava, counsel for the appellants, Shri S. K. Gupta, counsel for the respondent nos. 1 & 2-Bank,
Shri Shadab Alam, Advocate files his vakalatnama on behalf of the respondent no. 4.
Learned counsel for the respondent-Bank submits that the present appeal is not maintainable, as the auction sale notice dated 05.02.2014 was not challenged before the Tribunal below, which cannot be challenged directly before this Tribunal. In support of his contention, the learned counsel has files two judgments of the Hon’ble High Court passed in WritC No. 28502 of 2019- M/s Om Traders and another Vs. Debt Recovery Appellate Tribunal, Allahabad and 3 others, decided on 24.09.2019 and C.M.W.P. No. 35868 of 2016 – United Bank of India & Anr. Vs. State of U.P. and 4 others, decided on 10.08.2016.
Learned counsel for the appellants submits that the arguing counsel Shri M. K. Srivastava is not available today and he may be granted some time to file rejoinder. As last opportunity, let the same be filed by the next date, failing which appropriate order shall be passed.
List this case on 20.04.2023 for rejoinder.
Justice R. D. Khare Chairperson
VN Giri
Parties & counsel
- appellant
Ajay Shankar Singh & Anr.
- respondent
Axis Bank & Ors.
Coram
Shri R. D. Khare
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