The Tribunal addressed an application where the applicant objected to a sale auction scheduled for the same day, citing a prior order imposing an automatic moratorium. The court held the auction cannot proceed in violation of the moratorium order.
Matter to be put up before the regular Bench on 06.10.2023; auctionStayed till further orders.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
| 25.09.2023 | Roznama-MDRT-II S.A. No. 128 of 2023 |
Next date |
|---|---|---|
| Advocate Mr. Sanjay Dubey for the Applicant. Advocate Ms. Somya Tripathi proxy counsel for M/s. T.N. Tripathi & Co. for the Respondent. Affidavit-in-Reply filed by the counsel for the Respondent. Counsel for the Applicant at this stage submits that the Respondent has issued Sale Notice and Auction/Sale is fixed for today and the counsel for the Respondent submits that bid has been received but, this Tribunal has failed to understand as to how the Respondent can go ahead with the Sale in the wake of Order dt.04.05.2023 passed by the regular Bench wherein, the fact of automatic moratorium has been recorded and even that Order was passed in presence of counsel appearing for Respondent. |
||
| In the opinion of this Tribunal, the Respondent cannot put the property involved in this case to auction. The auction proceeding being carried out by |
Page 1 of 2
| 25.09.2023 S.A. No. 128 of 2023 |
the Respondent is in violation of the Order dt.04.05.2023, so, the Respondent is not empowered to carry out the auction today during sustenance of Order dt.04.05.2023. |
|
|---|---|---|
| In these circumstances, the Respondent cannot carry out the auction of the property involved in this case till further orders from the regular Bench which passed the Order dt.04.05.2023. Matter be put up before the regular Bench on 06.10.2023. Sd/- I/c P.O. DRT-II |
06.10.2023 |
Page 2 of 2
2 issues framed by the court
Whether the auction proceeding can be carried out in the wake of a moratorium order
Whether the Respondent is empowered to auction the property during the sustenance of the moratorium
Applicant
M/s. T.N. Tripathi & Co.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
