Shah Mohammad v. Bank of Baroda and Ors.

M.A. No. 01/2021 In Appeal Dy. No. 107/2020 Date: 18.04.2023

Shah Mohammad Vs. Bank of Baroda & Ors.

Present: Shri S. K. Gupta, counsel for the appellant (respondent no. 4 in recall application), Shri Maneesh Mehrotra, counsel for the respondents no. 1 & 2-Bank,

Shri Ashok Pandey, counsel for the applicant/respondent no. 5-Auction Purchaser,

Heard the learned counsels for the parties.

Learned counsel for the recall applicant submits that the property in question was auctioned by the respondent bank and Sri Brijendra Narayan Mishra had purchased the said property and has deposited 25% of the auction amount with the respondent bank. The appellant is neither borrower nor guarantor or mortgager but is a third party who had executed a power of attorney in favour of Respondent No. 4 on 21/12/2009, who is son of the appellant. The respondent no. 4 had executed the loan documents with the respondent bank. After initiation of the recovery proceedings by the respondent bank, the appellant filed S.A No. 382/2019 before the DRT Allahabad which was dismissed on 18/02/2020 by the Tribunal below on the ground that the applicant Shah Mohammad has no locus to maintain the said S.A. Being aggrieved by the said order the present appeal has been filed by the appellant.

The learned counsel seeking recall further submits that the auction purchaser was not made party in the appeal before this appellate Tribunal. Subsequently on an application he was made party and the date was fixed for reply. Before the said date the respondent no. 4 and the bank had entered into a compromise and on the basis of the said compromise the appeal was dismissed as withdrawn on the terms of