Single paragraph order disposing of a Special Appeal as infructuous upon the bank's withdrawal of a challenged auction notice due to technical problems and lack of an auction.
Special Appeal No.413 of 2025 is disposed of as infructuous. Interim application No.2003 of 2025 is dismissed.
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| 15.09.2025 | Exh. | Roznama-MDRT-II S.A. No.413 of 2025 |
Next date |
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| Mr Vatsal Gosalia, Advocate for the Applicant. Mr Alok Mishra, Advocate for Respondent. |
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| During the course of arguments in I.A. No.2003 of 2025, Ld. Advocate for the Respondent Bank submits that no auction took place on 05.09.2025 due to some technical problems and the Respondent Bank withdrew the challenged auction notice. Ld. Advocate further submits that the physical possession was taken by the Respondent Bank on 18.11.2024 and on 30.08.2025, Respondent Bank came to know that the Applicant has trespassed in the said property to which Ld. Advocate for the Applicant objects. Since, the auction did not take place, I.A. No.2003 of 2025 becomes infructuous and stands disposed of accordingly. In view of the prayer in S.A. and fact of withdrawal of challenged auction notice on technical ground, S.A. No.413 of 2025 is disposed of as infructuous. File be consigned to the Record Room after due compliance. |
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| rst -09 | Sd/- P.O. DRT-II |
Closed |
As recorded by the court registry
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