1 24 caf.2060.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2060 OF 2010 IN FIRST APPEAL NO. 1319 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Jaydeep S. Deo for the for the Applicants. Mr. M.S.Bhandari i/b Ms. Pranjali Bhandari for Respondent Nos.1 and 2. Mr. J.G.Reddy for Respondent No.4. Mr. Sachin Joshi for the proposed Respondent No.17. CORAM : A.S.OKA, J. DATE : 28 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. 2 The learned counsel appearing for the proposed Respondent No.17 states that there is no mortgage executed by Respondent No.1 in favour of the proposed Respondent. Perusal of the annexures to the application show that one of the suit properties is ordered to be sold under the order of the Debt Recovery Tribunal at the instance of the propose Respondent No.17 which is a Bank. There is nothing on record to show that any of the 2 24 caf.2060.10 parties to the suit have created any interest in favour of the proposed Respondent. 3 If the Applicants are objecting to the sale of the property by the Debt Recovery Tribunal, the Applicants will have to adopt appropriate proceedings in accordance with law. There is no reason to implead the proposed Respondent as party to the appeal. 4 Accordingly, the application is rejected. However, the remedy of the Applicants of challenging the auction sale is kept open. [ A.S.OKA, J ]