This regular appeal raises the question of whether a tenant, who is neither a borrower nor a guarantor, is required to make a pre-deposit to challenge an auction sale.
Time granted to appellant to study Delhi HC judgment and argue on next date.
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Regular Appeal No. 05/2020 Date: 26.04.2023
Present: Shri S. K. Gupta, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent-Bank, Shri Maneesh Mehrotra, counsel for the respondent-Auction Purchaser,
Learned counsel for the appellant contends that the question of waiver is to be argued, as the appellant-Firm is a tenant and it is neither borrower, nor guarantor or mortgagor, therefore, no pre-deposit is required to be made by the appellant.
Learned counsel for the respondent-Bank contends that as per judgment of the Hon’ble Delhi High Court, even a tenant, who is assailing the auction sale, he has to make pre-deposit for entertaining the appeal.
Learned counsel for the appellant seeks time to go through the said judgment and argue the case on the next date.
Justice R. D. Khare Chairperson
Anupam
2 issues framed by the court
Whether a tenant appealing against auction sale must make a pre-deposit.
Whether waiver of pre-deposit is required when the appellant is neither borrower nor guarantor.
Appellant-Firm
Respondent-Bank
Respondent-Auction Purchaser
R. D. Khare
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
