Rabiul Islam and Anr. v. Aditya Birla Housing Finance Ltd. and Ors.
Case brief
What is this about?
Leave to appeal granted to non-party appellant directly affected by impugned order; condonation of 72 days' delay under Section 5 of the Limitation Act; secured creditor possession protection order dated 29.01.2026 in WPA 29316 of 2025; appellant's movable property lying in secured premises; DRT order dated 12.09.2024 in SA 285 of 2024; SA 285 of 2024 pending before Tribunal; liberty reserved to appellant to apply to DRT for handing over movable property; allegation of stolen property to be examined by DRT; Tribunal to decide uninfluenced by Single Judge's order; appeal disposed of without expressing opinion on merits; CAN 1, CAN 2 and CAN 3 of 2026 disposed of; court name not printed in the text (Division Bench, Chief Justice and single Judge).
What did the court decide?
Appeal disposed of without expressing any opinion on merits, reserving liberty to the appellant to file an appropriate application before the learned DRT (in pending SA 285 of 2024) for a direction for handing over his movable property from the secured premises; the Tribunal to decide such application in accordance with law after hearing both the parties and without being influenced by the impugned order in WPA 29316 of 2025; the impugned order dated 29th January, 2026 not to come in the way of the appellant for deciding return of the movable property; CAN 3 of 2026 also disposed of with the appeal.