In an appeal regarding a SARFAESI order, the Tribunal directed appellants to implead the auction purchaser within three days, holding that the purchaser is a necessary party to the appeal.
Appellants directed to implead the auction purchaser as respondent within three days by moving an appropriate application.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appl. No. 02 of 2020
THE HON’BLE JUSTICE SHRI ANIL KUMAR SRIVASTAVA, CHAIRPERSON
15.06.2023
State Bank of India & Anr. … Appellants Vs.
Sri Partha Sarathi Mallick & Anr. ….. Respondents
For Appellant : Mr. Subrata Kr. Sinha, ld. Counsel. Mr. Pankaj Kr. Mukherjee, ld. Counsel.
For Respondent : Mr. Nimesh Mishra, ld. Counsel Mr. Gourav Singh, ld. Counsel.
THE APPELLATE TRIBUNAL :
During the course of hearing it transpires that secured asset has already been sold. Auction purchaser has not been impleaded as party before the learned DRT.
Learned DRT has decided the matter by allowing SARFAESI application and setting aside the auction sale. This order is under challenge before this Appellate Tribunal.
During the course of argument it transpires that auction purchaser has not been impleaded as party respondent in the appeal. Facing this issue, learned counsel for the appellant submits that liberty may be granted to the appellants to implead the auction purchaser as respondent in the appeal without prejudice to the rights and contentions of the appellants.
Learned counsel for the respondent opposes the prayer for impleadment of auction purchaser on the ground that valuable right accrued in favour of the respondents due to nonimpleadment of auction purchaser will go away.
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Heard learned counsel for the appellant at length. Learned counsel for the respondent resumes his argument.
Secured asset has been sold and as per the appellants auction sale was confirmed. All these issues are to be looked into at the time of hearing of appeal whether the confirmation of sale was done in accordance with law or not. However, I am of the view that the auction purchaser is a necessary party in this appeal. Accordingly, appellants are hereby directed to implead the auction purchaser as respondent within three days from the date of this order by moving an appropriate application.
List on 22.06.2023.
(Anil Kumar Srivastava, J) Chairperson
Dated : 15.06.2023 23 /pkb
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1 issue framed by the court
Whether the auction purchaser is a necessary party to appeal challenging a SARFAESI order setting aside an auction sale.
State Bank of India
Sri Partha Sarathi Mallick
Anil Kumar Srivastava
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
