U C O Bank v. Pawan Kumar Jaiswal and Anr.
Case brief
What is this about?
This interim order in an appeal under section 18 of the SARFAESI Act dismisses the urgency application as infructuous and directs service of notice on the respondent on a stay application to be filed.
What did the court decide?
The urgency application was dismissed. Notice was issued for the stay application.
What the court decided
Appeal Dy. No. 783/2022 Date: 17.10.2022
UCO Bank Vs. Pawan Kumar Jaiswal
Present: Shri Pawan Kumar Mishra, counsel for the appellant,
The report of the Registrar dated 11.10.2022 shows that the present appeal has been filed under section 18 of the SARFAESI Act against the final order dated 09.09.2022 passed by the DRT, Allahabad in S.A. No. 289/2020. The stay application being I.A. No. 454/2022 and urgency application being I.A. No. 453/2022 have also been filed.
Since the matter has been taken up, therefore, the urgency application being I.A. No. 453/2022 has become infructuous. Accordingly, the same is dismissed as having become infructuous.
Issue notices to the respondents on the stay application by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellants within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 24.01.2023 for service.
Justice R. D. Khare Chairperson
VN Giri
Issues for consideration
2 issues framed by the court
Whether to grant a stay on the final order of the DRT pending appeal?
Whether the urgency application should be dismissed as infructuous?
Parties & counsel
- appellant
UCO Bank
- respondent
Pawan Kumar Jaiswal
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 091090007832022
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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