In an urgent miscellaneous application, the Single Judge held that since the Appellate Tribunal's status quo order was not informed to the High Court during a related writ proceeding concerning the same property, the applicant should approach the High Court for clarification.
The miscellaneous application was disposed off.
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M.A. No. 89/2025 In Appeal Dy. No. 846/2025 Date: 18.06.2025
Indian Bank Vs. Amit Srivastava
Present: Shri Ved Prakash Tripathi, counsel for the appellant, Shri S. K. Gupta along with Shri Aman Kumar Srivastava, counsel for the respondent,
Heard the learned counsel for the appellant on the urgency application being I. A. No. 746/2025.
Since the matter has been taken up today, therefore, the urgency application stands disposed off.
An application has been moved by the learned counsel for the appellant on the ground that the Hon’ble High Court has passed the order dated 23.05.2025 in Writ C No. 15693/2025, whereby the ACM-2nd , Prayagraj has been directed to take possession of the secured asset within 8 weeks and hand over the same to the Bank authority. As such the order dated 23.05.2025 passed by this Appellate Tribunal is in contravention of the order passed by the Hon’ble High Court, whereby the parties have been directed to maintain the status quo qua the property in question. It is, therefore, prayed that the order dated 23.05.2025 passed by this Tribunal may be recalled to this extent.
It appears that the order dated 23.05.2025 passed by this Tribunal, whereby the status quo order has been passed qua the property in question, was not informed to the Hon’ble High Court, whereas the writ petition filed by the auction purchaser was also listed on the same day before the Hon’ble High Court, therefore, it would be appropriate for the appellant to approach before the Hon’ble High Court for clarification of the order dated 23.05.2025. Accordingly, the misc. application is disposed off.
Justice R. D. Khare Chairperson
Anupam
3 issues framed by the court
Whether the Appeal Adjudicating Officer's order directing possession should be recalled due to a subsequent High Court writ order maintaining status quo.
Whether the Appellate Tribunal's order of 23.05.2025 was properly communicated to the High Court.
Whether the remedy before the High Court is appropriate to clarify the Tribunal's order.
Indian Bank
Amit Srivastava
R. D. Khare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
