M S B B Motors v. Union Bank of India
Case brief
What is this about?
The Special Appeal challenging a non-materialized auction notice was disposed of as infructuous because the absence of bidders extinguished the cause of action.
What did the court decide?
The Special Appeal disposed of as infructuous and record consigned to Record Room.
What the court decided
ORDER SHEET DEBTS RECOVERY TRIBUNAL, SILIGURI
SA/97/2023
Mis 8.8. Motors
Applicant
Vs
Defendants Union Bank of India
| Date of |
OrderwithSignature | Office action with date and dated signatureof |
|---|---|---|
| Order | parties when necessary. |
Item No.33
30.08.2023
Ld. Counsel Mr. T. Bhowmick appears for the conducting counsel Mr. Sagnik Bhowmick on behalf of the respondent bank whereas, no one appears for the applicant but there is one Resolution of the Bar.
The case was listed today for passing order and both the parties have already been heard.
The S.A. has been filed by the applicant challenging the sale notice dated 14.07.2023 and the sale scheduled on 24.08.2023 but the sale did not materialize due to paucity of bidders pursuant to the sale notice dated 14.07.2023.
Issues for consideration
1 issue framed by the court
Whether the Special Appeal is maintainable when the auction did not materialize due to paucity of bidders causing absence of cause of action.
Parties & counsel
- applicant
Mis 8.8. Motors
- respondent
Union Bank of India
Coram
Rakesh
Case details
As recorded by the court registry
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