Dhiraj Singh Thakur, J. - (1.) This is a petition under Section 104 of the Constitution of Jammu & Kashmir, challenging the order dated 23.03.2019, passed by the Principal District Judge, Samba, whereby an application under Order I Rule 10 of the Civil Procedure Code filed by the petitioner seeking impleadment as a party respondent in the appeal proceedings under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the "Act"), has been rejected.
(2.) Briefly stated, the material facts are as under:-
(3.) The State Bank of India respondent No. 2 herein initiated action against the respondent No. 1 M/s Cecil Pharmaceuticals Pvt. Ltd under the provisions of the Act and in that regard issued a notice to the respondent No. 1 under Section 13(2) of the Act and took possession of the unit. An auction notice came to be issued under Section 13(4) of the Act by the Bank, which was challenged under Section 17(A) of the Act on 10.01.2019. Vide order dated 10.01.2019, the learned Principal District Judge, Samba directed the Bank not to finalize the auction process.;