Order in Section 261 proceedings where the Debts Recovery Tribunal directed the respondent bank to file a counter-affidavit. The Bench directed that the auction sale may continue subject to the outcome, moot pending the hearing date.
Directing the auction sale to continue subject to the outcome of the Section 261 application.
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| DEBTS RECOVERY TRIBUNAL, PATNA | ||
|---|---|---|
| Date of der or proceeding |
Order with the Signature of the Court |
Office action taken with data |
| SA 261 of 2022 Ashish KumarVs Canara Bank Present Dr. B.B. Sinha Ld. Counsel for the applicant Shri Onkar Kumar Ld. counsel for the respondent. |
||
| 07.09.2022 | Ld. counsel for the respondent wants time to file reply/counter affidavit. Put up on 16.11.2022 for hearing. Counter affidavit may be filed within fifteen days with advance copy to the applicant. The applicant may file rejoinder if any within fifteen days thereafter with advance copy to the respondent. Ld. Counsel for the applicant submits that today is the date fixed for auction sale. In such circumstances the bank may continue the auction sale which shall be subject to outcome of this SA. Order be uploaded on the Tribunal's website. Patna V (Kaushalendra Yadav) Presiding Officer |
2 issues framed by the court
Whether the applicant may file a rejoinder to the respondent's counter-affidavit given the imminent date of auction sale.
Whether the auction sale should continue pending the outcome of Section 261 proceedings.
Ashish Kumar
Canara Bank
Kaushalendra Yadav
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
