The Debt Recovery Appellate Tribunal stayed the creation of third-party interest by the auction purchaser of the property in the main appeal pending a review of an order, postponing further hearing.
Direction issued to first respondent (auction purchaser) not to create third-party interest till the next date of hearing.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Appeal on Diary No. 1769/2023
Between
Samimbanu Sherkhan Pathan & Ors. … Appellant/s
V/s.
Raishkhan Firozkhan Pathan & Ors. … Respondent/s
Mr Shubham Dubey, i/b Mr Jaynendra Navlani, Advocate for Appellants.
Mr Rajesh Nagory, Advocate for Respondent Nos. 1 & 2. Ms Priti Tare, Advocate for Respondent No. 4.
-: Order dated: 13/11/2023:-
It is seen that there was a Caveat filed in this matter and the notice was served only by way of email on 09.10.2023 when the interim order was made. It appears that the notice was inadequate because there was no time for the Respondents to appear and respond to the matter.
Respondents seek time to file replies on the application. But however, considering the facts and circumstances of this case, I direct the first Respondent auction purchaser not to create third-party interest till the next date of hearing.
Post on 19.12.2023 for hearing.
Sd/-
Chairperson
mks-17
1
Samimbanu Sherkhan Pathan
Raishkhan Firozkhan Pathan
Mr Justice Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
