Bank of Baroda v. Mrs Kusum Kothari and Anr.
Case brief
What is this about?
The Single Judge dismissed the appeal filed by Bank of Baroda against an interim order of the DRT granting relief to the borrower. The court observed that the appellant had a remedy to apply for reconsideration before the DRT itself and disposed of the appeal without adjudication on merits.
What did the court decide?
The appeal is disposed of with liberty to the appellant to file an application before the DRT for reconsideration of the interim order.
Appeal Dy. No. 772/2022 Date: 20.10.2022
Bank of Baroda Vs. Mrs. Kusum Kothari & Anr.
Present: Shri Maneesh Mehrotra, counsel for the appellants,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against an interim order dated 21.09.2022 passed by the DRT, Jabalpur in S.A. No. 458/2019, whereby the interim order has been granted in favour of the borrower subject to payment of certain amount. Being aggrieved by the said order, the present appeal has been filed by the appellantBank.
In view of the above and the fact that the present appeal has been filed against an interim relief granted by the Tribunal below, I am of the view that if the appellant-Bank has any grievance against the said interim order dated 21.09.2022, there is remedy open to them to file appropriate application before the Tribunal below in accordance with law in pending S.A. No. 458/2019. Therefore, the present appeal is finally disposed off with liberty to the appellant to file appropriate application before the Tribunal below, if so desired, in the aforesaid S.A. If the application is filed, the Tribunal below shall consider and decide the same in accordance with law most expeditiously.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
1 issue framed by the court
Whether the appeal against an interim order of the DRT is maintainable or if the borrower should be directed to apply for reconsideration before the DRT.
Parties & counsel
- appellant
Bank of Baroda
- respondent
Mrs. Kusum Kothari
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 091090007722022
- Topic
- Banking and Recovery
All orders in this case
2 orders share this CNR
- Order 1 · LD Registrar
- Order 2 — this page · Rajesh Dayal Khare
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