Shyam Narayan Yadav and Anr vs Union Bank of India and Ors

R. D. Khare, Chairperson

Heard the learned counsels for the parties.

Learned counsel for the appellant submits that vide earlier order dated 21.10.2019, this Appellate Tribunal had condoned the delay in challenging the auction sale of the property subject to the payment of cost of Rs. 5000/- and the appeal was partly allowed and matter was remanded back to the Tribunal below to the extent that the S.A. be treated within limitation quo the relief sought for challenging the auction sale only. The learned counsel further submits that in view of the aid order of this Appellate Tribunal, it has been made open to the appellant to proceed and argue on the question with regard to challenge of auction sale, but the Tribunal below has rejected the amendment application with regard to the same, therefore, it is prayed that order impugned may be set aside and the matter may be remanded back to the Tribunal below to decide the case pursuant to the earlier order passed by this Appellate Tribunal.

In view of the above, the present appeal has become infructuous. Let the matter be proceeded before the Tribunal below pursuant to the earlier order dated 21.10.2019 of this Appellate Tribunal. Accordingly, the present appeal is dismissed as having become infructuous. It is expected that the said S.A. shall be decided by the Tribunal below most expeditiously strictly in accordance with law without granting unnecessary adjournments to either of the parties.