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Judgment
Learned counsel for the appellant submits that the respondent-Bank has issued sale notice dated 30.03.2026 for auctioning the movable household goods on 15.04.2026, which are not mortgaged/hypothecated with the bank, therefore, it is prayed that the respondent-Bank may be restrained from selling the movable household goods, which are lying in the property in question.
Learned counsel for the respondent-Bank submits that the Bank has withdrawn the aforesaid sale notice, therefore, no interim order with regard to the sale notice dated 30.03.2026 is required to be passed.
Since the auction sale notice as stated above has been withdrawn by the respondent-Bank, therefore, the stay application being I.A. No. 694/2026 has become infructuous, hence the same is rejected as having become infructuous.
Learned counsel for the appellant further submits that the present appeal has been filed against an interlocutory order dated 06.02.2026, whereby the interim relief sought by the appellant has been declined. It is further contended that the present appeal may be disposed off and the matter may be remanded back to the Tribunal below for deciding the securitization application on merits, but till then the parties may be directed to maintain the status quo qua the property in question.
In view of the above, the present appeal stands disposed of with liberty to the appellant to move an appropriate application before the Tribunal below for grant of interim relief, if required. In case the appellant files an interim application before the Tribunal below, the same shall be considered and decided on the same day or preferably within 10 days thereafter.
