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Judgment
R. D. Khare, Chairperson
The matter was listed earlier on 22.02.2023. On the said date, the learned counsel for the respondent no. 1 had contended that the present appeal is not maintainable in view of the fact that the order dated 02.11.2017 filed at page no. 53 of the paper book is a consenting order, for the implementation of which a M.A. was filed by the respondent, in which an order was passed and against the said order, the present appeal has been filed. It is, thus, contended that the present appeal is not maintainable.
The learned counsel for the appellant had sought time to verify the same. Today the matter has been taken up.
Learned counsel for the appellant submits that the order dated 02.11.2017 is not a consenting order and the same is not passed on merits. It is further submitted that the learned counsel for the appellant-Bank was not authorized to make any consent on behalf of the Bank, therefore, the present appeal is maintainable. In support of his contention, the learned counsel for the appellant has relied upon the judgment passed by the Hon’ble Supreme Court in Himalayan Co-operative Group Housing Society Vs. Balwan Singh, 2015 (4) Supreme 438. After perusing the said judgment, this Tribunal is of the opinion that it is not applicable to the facts of the present case.
The learned counsel for the appearing respondent submits that the order dated 02.11.2017 has not been challenged at any forum till date, therefore, the same has become final.
A bare reading of the order dated 02.11.2017 shows that it was a consenting order and the learned counsel for the appellant-Bank did not disagree with the contention of the learned counsel for the S.A.-applicant that the compromise has been reached between the parties. Therefore, it was requested by the auction purchaser that the Bank may be directed to return the entire auction amount to the auction purchaser. As such it is clear that the order dated 02.11.2017 passed by the Tribunal below is a consenting order, hence the present appeal is not maintainable. Accordingly, the same is dismissed with no order as to costs.