Jharkhand High Court
M/S Chandwa Ceramic Works And ... vs Bank Of India & Others on 27 July, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Letters Patent Appellate Jurisdiction)
LPA No. 125 of 2018
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M/s Chandwa Ceramic Works and others .... ... Appellants
Versus
Bank of India & others ... ...Respondents
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
HON'BLE MR. JUSTICE RATNAKER BHENGRA
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For the Appellant : Mr. Aditya Mohan Khandelwal,Advocate
For the Respondent No.3 : Mr. Shashank Shekhar Prasad, Advocate
For the BOI : Ms. Sunita Ojha, Advocate
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th
Order No.15/Dated: 27 July 2022
This Letters Patent Appeal was filed on 16 th March 2018, with
defects.
Today is the 15th date of hearing of this Letters Patent Appeal. It
appears that Bank of India was saddled with cost of Rs. 10,000/-, which according
to Ms. Sunita Ojha, the learned counsel for Bank of India, has been deposited on
26th June 2018.
By an order dated 5th July 2018, this Letters Patent Appeal was
admitted for hearing, however, the matter could be posted before the Bench on 15 th
February 2022 when the following order was passed by this Court:
"Order No.09/Dated: 15th February, 2022
Mr. Rahul Lamba, the learned counsel for the appellants, has
sent an e-mail seeking adjournment.
Ms. Kritika Kumari, the learned counsel appears and seeks
adjournment on the ground that Mr. K.L. Ojha, the learned
counsel who previously appearing for Bank of India has passed
away.
We are informed that the learned counsel for the respondent
No.3 is also no more.
In the aforesaid facts, let notice go to Bank of India Limited
and M/s Santosh Construction at the address disclosed in the
memo of appeal.
The learned counsel for the appellants is granted opportunity
to bring on record all necessary documents in a separate paper-
book within a period of next six weeks.
Post this matter on 20th April 2022."
The matter again appeared on Board on 20th April 2022 when in view
of an e-mail received from the chamber of Ms. Ayushi Agarwal, the learned
counsel for the appellants, hearing of this Letters Patent Appeal was adjourned on
-2- LPA No. 125 of 2018
20th June 2022, on which date on the request of the learned counsel for the
appellants the matter was posted for 29th June 2022. Since then this Letters Patent
Appeal is on Board for hearing.
As would appear from the proceeding dated 20th June 2022,
Mr. Shashank Shekhar Prasad, the learned counsel put his appearance on behalf of
the respondent No.2 - he has filed his vakalatnama on 21st March 2022.
Mr. Shashank Shekhar Prasad, the learned counsel for the respondent
No.3 is unable to apprise the Court as regards nature of constructions made by the
respondent No.3 over the properties of M/s Chandwa Ceramic Works which were
put and sold in auction sale.
The learned counsel for the respondent No.3 seeks two weeks' time
for filing an affidavit on this issue as well as on merits of the present Letters Patent
Appeal.
Before the writ Court, the respondents were not called upon to file a
counter-affidavit and the impugned judgment dated 12 th March 2018 was passed
without taking response of the respondents on various allegations made by the writ
petitioners who is the appellants before us as regards irregularities committed in
e-auction.
The Bank of India is also directed to file an affidavit on the issue
raised by the appellants that properties which were not mortgaged with the Bank
were also sold in auction sale. The Bank shall produce original records/photocopy
of the original records and file an affidavit giving description of the properties
which were mortgaged with the Bank by deposit of title deed.
Post this matter on 17th August 2022 under the heading
"Final Disposal", to be taken up as the first matter.
During pendency of the present Letters Patent Appeal, the respondent
No.3 is restrained from creating any third party right without permission of the
Court.
Copy of this order be given to the learned counsels for the parties for
compliance.
(Shree Chandrashekhar, J.)
SB/Nibha (Ratnaker Bhengra, J.)
