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Judgment
Ashok Menon, Chairperson
The Ld. Counsel appearing for the Appellant on instructions submits that the sale of the secured asset intended to be conducted on 22.11.2023 has failed and consequent to that a fresh auction notice has now been issued to sell the property on 08.02.2024. Under the circumstances, the prayer regarding the stalling of the auction sale on 22.11.2023 has become infructuous. The Ld. Counsel submits that an application for amendment of the S.A. to incorporate the challenge to the sale notice scheduled to take place on 08.02.2024 would made before the D.R.T. and an order may be passed for expeditious disposal of the amendment application accordingly. The merits of the appeal are not, therefore, gone into.
Recording the statement, the appeal is disposed of as withdrawn with the direction to the Debts Recovery Tribunal –III, Mumbai (D.R.T.) to consider the application, if any, filed by the Applicant for amendment of the S.A. incorporating the prayer with regard to the sale which is intended to take place on 08.02.2024, as expeditious as possible.