What will be the status of jai ma tara udyog llp

MS19/2021 Commercial Court Rajarhat North 24 Parganas filed on 24/09/2021 Tapan Kumar Ghosh and Smt Aparna Ghosh (plaintiffs) vs Sudipto Bal and Smt Mithu Nag (Defendents 1& 2 ) Brief background • Plaintiffs had filed a plaint /Money Suit no 19/21 on 1 10 2021 before the Ld Judge Commercial Court for recovery of the moneys allegedly lent to and due from the plaintiffs as well as injunction on creating any third party on the suit schedule property, which incidentally had already been mortgaged to IDBI bank ( Defendant no 3) by the Def 1 & 2 for availment of loan and the payment of which was in default. • On 1/10/2021 Ld Commercial court had granted temporary injunction against any change in the the suit property, ex parte without the presence of Def 1 &2 . • As on 1/10/2021 when the injunction order was passed the IDBI Bank later added as Def no 3 by the order of the Court on [deleted] , was not the party of the suit and no copy of the plaint nor a copy of the injunction order dtd 1/10/2021was served on the IDBI bank (now defendant no 3) • IDBI bank was subsequently made a party by order dated 16/03/2022. • In the order dated 22/02/2023, the W/S filed by the defendant no 3 was not accepted,nor taken on record and the rights of defendant no 3 were struck out owing to delay in the filing of the W/ S on 24/11/2022 which was beyond the statutory limit of 120 days . • Jai MaaTara Udyog LLP was listed as Defendant no 4 and in the revised plaint dated 14/08/2023 . • IDBI bank ( D 3), under the provisions of SARFAESI ACT had taken necessary action for recovery of its dues by open Auction and sale of the mortgaged property which were also covered under the MS 19/2021 and the milestones are as follows 1. Date of open advertisement in news papers - 28/08/2021 2. Date of inspection of property -21/09/2021 to 23/09/2021 3. Last date of submission of application by interested parties -27/09/2021 4. Date of E-Auction -28/09/2021 Jai Maa tara udyog LLP was H-1 in the open auction and its highest bid was accepted. 5. JMTLLP deposited the entire consideration money on different dates between 27/09/21 to 1/10/2021, before the passing of the order on 1/10/2021. 6. Date of sales certificate issued by bank 5/10/2021 7. Date of registration of deed of conveyance 8/10/2021 • In the last order dated 13/09/2023 defendant nos 3 and 4have been given time up to 2/12/2023 to file W/S. • In the order dated 24/07/2023, the court had allowed both the applications of the plaintiff under Order 1 Rule 10 cpc and Order VI Rule 17 CPC to stand allowed EX Parte. • Attention was also drawn to the order dated 22/02/2023 regarding ex parte vacating ex partye vacating application and the ex parte order being vacated on the same day and also ordered that the written statement filed by Defendant no 3