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Judgment
The appellant filed S.A. bearing No.764/2026 titled as Bhupinder Kaur Pandher V. Central Bank of India which is stated to be pending before DRT-Jabalpur. The S.A. bearing No.764/2026 was listed for hearing on 22.07.2026 before DRT-Jabalpur and on that day the counsel for the appellant informed that the bid has already been received in the auction sale in question.
DRT-Jabalpur observed that there was no possibility of grant of interim relief after creation of interest of the auction purchaser or in absence of auction purchaser. The respondent was also directed to examine its action about legality of auction before issuance of sale certificate. Sh. S.K. Srivastava, Advocate for the respondent stated that the sale certificate has already been issued in favour of auction purchaser and the appellant be asked to insert/amend the auction purchaser as one of the necessary parties before DRT-Jabalpur. It is further stated that about Rs.58 lakhs is still outstanding against the appellant.
Sh. Kabir Paul, Advocate for the appellant after brief arguments seeks permission to withdraw the present appeal but with the liberty to file an application before DRT-Jabalpur for impleadment of auction purchaser and also with direction to DRT-Jabalpur to reconsider the prayer for grant of interim relief after impleadment of auction purchaser before DRT-Jabalpur. The liberty as prayed for is granted.
Sh. S.K. Srivastava, Advocate for the respondent stated that at present the respondent is not contemplating to take the possession of the secured asset.
In view of the submissions made by the counsel for the appellant the present appeal is allowed to be dismissed as withdrawn with the liberty as granted herein above. The pre-deposit already made by the appellant shall be ordered to return back to the appellant.
It is made clear that DRT-Jabalpur shall decide the application for grant of interim protection without being influenced by the order dated 22.07.2026.