Bank of Baroda v. Sanjay Kumar and Anr.
Case brief
What is this about?
The Court addressed procedural irregularities regarding the service of the appeal memo on the respondent and the notice on an auction purchaser, directing fresh steps for publication and setting a return date for service. The matter was not finally decided.
What did the court decide?
Directs appellant to serve appeal memo within 48 hours and publish notice to respondent 2 within 10 days.
What the court decided
Regular Appeal No. 40/2022 Date: 03.01.2023
Bank of Baroda Vs. Sanjay Kumar and Anr.
Present: Shri Girish Kumar Srivastava, counsel for the appellant, Shri Gopal Ji Khare, counsel for the respondent no. 1,
Learned counsel for the respondent no. 1 submits that the copy of memo has not been served upon him. Learned counsel for the appellant submits that although the copy of appeal has already been served upon the counsel for the respondent no. 1, but he undertakes to serve again the same within 48 hours upon the counsel for the respondent no. 1, who may file reply by the next date.
It has been intimated that the notice sent to the respondent no. 2-Auction Purchaser has not returned back. Let the appellant take fresh steps within 10 days for service of notice upon the respondent no. 2 by publication in the newspapers having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.
List this case on 10.04.2023 for service.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
3 issues framed by the court
Whether the copy of the appeal memo was served upon the respondent.
How to effect service of notice upon a non-responding auction purchaser.
Whether the current limited court order constitutes a final disposition of the appeal.
Parties & counsel
- appellant
Bank of Baroda
- respondent
Sanjay Kumar
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
9 orders share this CNR
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