Smt Renu Manga and Anr. v. Bank of Baroda and Ors.
Case brief
What is this about?
In this brief listing order, the court adjourned the appeal to 06.04.2023 for obtaining a waiver application. Counsel argued that a waiver is unnecessary based on the Official Liquidator case, but respondents were granted time to file a reply.
What the court decided
A compact analysis
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Appeal Dy. No. 133/2020 Date: 13.02.2023
Smt. Renu Manga & Anr. Vs. Bank of Baroda & Ors.
Present: Shri S. K. Gupta, counsel for the appellants, Shri Satyajit Mukherji, counsel for the respondent-Bank, Shri Ramesh Kumar, Advocate holding brief of Shri Pradeep Kumar Pandey, counsel for the respondent no. 3-Auction Purchaser,
Learned counsel for the appellant contends that in view of the judgment passed by the Hon’ble Apex Court in Civil Appeal No. 3614/1982-The Official Liquidator Vs. Parthasarathi Sinha & Ors., decided on 17.12.1982, which is reported in 1983(53) Comp Cas 163, no waiver application is required to be filed. Learned counsel for the appellants further submits that the appellants are legal heirs and their liability is only to the extent of the share of the property, which has been inherited by them.
Learned counsels for the respondents pray for some time to file reply. Let the same be filed by the next date.
List this case on 06.04.2023 for waiver.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether a waiver is required to be filed in the instant case.
Whether appellants' liability is limited to their share of the inherited property.
Parties & counsel
- appellant
Renu Manga & Anr.
- respondent
Bank of Baroda & Ors.
- intervenor
Pradeep Kumar Pandey
Coram
Case details
As recorded by the court registry
All orders in this case
5 orders share this CNR
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