The appellate court, in the absence of the appellant, did not extend an earlier interim order regarding the sale of mortgaged property and directed the case to be listed for hearing on 07.07.2023.
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Regular Appeal No. 19/2020 Date: 21.03.2023
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, counsel for the respondent no. 4,
Learned counsel for the respondent-bank submits that the sale, which is under challenge before this Tribunal, has not been challenged before the Tribunal below, which cannot be done, therefore, the appeal itself is not maintainable.
Learned counsel for the respondent-Auction Purchaser submits that the securitization application was filed by the appellants for setting aside the demand notice dated 24.12.2016, possession notice dated 24.12.2018, as well as sale notice dated 20.01.2019, but in the present matter, the sale notice dated 20.02.2019 is under challenge, which has never been challenged before the Tribunal below. The learned counsel further submits that the auction purchaser is presently suffering from financial scarcity, therefore, he wants to sell the property in question, but in view of the interim order passed by this Hon’ble Court in favour of the appellant, the same cannot be done. It is, therefore, prayed that the interim order granted earlier may not be extended.
Learned counsel for the appellant is not present even in the revised reading of the cause list, therefore, the interim order granted earlier is not extended.
List this case on 07.07.2023 for hearing.
Justice R. D. Khare Chairperson
Anupam
Ajay Shankar Singh & Anr.
Axis Bank & Ors.
R. D. Khare
As recorded by the court registry
7 orders share this CNR
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