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Judgment
Ashok Menon, Chairperson
Misc. Application No. 44 of 2020 is an intervention application filed in Misc. Appeal No. 91 of 2011 which arises from the Appeal No. 10 of 2009 which was disposed of by the Ld. Presiding Officer, Debts Recovery Tribunal, Pune (D.R.T.). The intervener is claiming right through ICICI Bank Limited by way of assignment and this assignment took place after the disposal of the appeal. Therefore, it seeks intervention to be made a party because their interest is also involved as the assignee of one of the secured creditors. Hence, the application for intervention.
The Ld. Counsel appearing for the Appellant submits that the Appellant was not a party to the appeal filed before the D.R.T. Still, it is relevant to note that the intervener’s predecessor ICICI Bank Limited is a party to the appeal filed as Appeal No. 10 of 2009 and therefore, the assignment after the disposal of the appeal would create interest in favour of the assignee, and being an interested party, needs to intervene. Hence, the application for intervention filed as M.A. No. 44 of 2020 is allowed.
The Appellant is directed to carry out necessary amendments to bring the intervener into the party array within two weeks.
The parties' contentions are kept open for consideration in appeal.
Post on 20.12.2023 before the Registrar for carrying out amendment.