Devendra Kumar Rai v. State Bank of India and Anr.
Case brief
What is this about?
The court heard an appeal regarding possession of property and an interim stay application. Due to lack of a reply from the respondent bank and immediate threat of possession delivery, the court directed all parties to maintain status quo regarding the property pending the next hearing date.
What did the court decide?
All parties directed to maintain status quo qua the property in question till the next date.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appeal Dy. No. 389/2022 Date: 11.11.2022
Devendra Kumar Rai Vs. State Bank of India & Anr.
Present: Shri V. K. Shukla, counsel for the appellant, Shri P. K. Srivastava, counsel for the respondent-Bank,
Heard the learned counsel for the appellant on the urgency application being I.A. No. 560/2022 and stay application being I.A. No. 572/2022.
For the reason stated in the urgency application, the same is allowed and the matter has been taken-up today.
Since the present stay application being IA No. 572/2022 has been filed by the appellant, therefore, the earlier stay application being IA No. 515/2022 has become infructuous. Accordingly, the same is dismissed as having become infructuous.
Perusal of the earlier order dated 21.10.2022 shows that earlier one I.A. No. 514/2022 being urgency application was filed in the present appeal on the ground that the Bank has obtained order under section 14 of the SARFAESI Act and on 17.10.2022, the Tehsil authority had directed the appellant to handover the physical possession of the property in question within 5 days. It was also contended that no notice was given to the appellant. On that date, the urgency application was disposed off on the ground that no ground was made out in the said urgency application for expediting the case.
The present urgency application has been filed by the appellant stating therein that the present appeal has been filed against the interim order dated 24.04.2022 passed by the Tribunal below, whereby the interim application of the
Issues for consideration
2 issues framed by the court
Whether to grant a stay on the handover of possession of the residential house pending disposal of the appeal despite no reply from the bank.
Whether to maintain status quo regarding the property in question pending the next date of hearing.
Parties & counsel
- appellant
Devendra Kumar Rai
- respondent
State Bank of India
- respondent
Anr
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090003892022
- Topic
- Banking and Recovery
All orders in this case
9 orders share this CNR
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