Hdfc Bank v. Ajay Kumar and Company and Others
Case brief
What is this about?
HDFC appealed against an interim order from the Debts Recovery Tribunal restraining it from taking physical possession of property. The Supreme Court dismissed the appeal as the impugned order was final as no application to vacation the stay was filed.
What did the court decide?
Urgency application disposed off; Appeal disposed off; Directions to file appropriate application for vacation of stay before the Tribunal.
What the court decided
Appeal Dy. No. 919/2022 Date: 22.11.2022
HDFC Vs. Ajay Kumar and Company & Ors.
Present: Shri S. K. Gupta, counsel for the appellant,
As per report of the Registrar dated 17.11.2022, the present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 20.10.2022 passed by the DRT, Lucknow in S.A. No. 394/2022. The said report further shows that the I.A. No. 549/2022 being urgency application has been filed.
Since the matter has been taken-up, the I.A. No. 549/2022 which is urgency application, has become infructuous and is disposed off as such.
The present appeal has been filed against the interim order dated 20.10.2022, whereby the appellant-Bank has been restrained from taking physical possession of the property till the next date fixed and the next date is fixed for 17.12.2022 for arguments before the Tribunal below. In case the appellant has any objection or grievance against the order impugned, he may file appropriate application for vacation of stay before the Tribunal below and if such application is filed, the Tribunal below shall consider and decide the same most expeditiously.
Accordingly, the appeal stands disposed off.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether to dispose of the appeal filed against the interim order restraining the bank from taking physical possession of the property.
Parties & counsel
- appellant
HDFC
- respondent
Ajay Kumar and Company & Ors.
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090009192022
- Topic
- Banking and Recovery
All orders in this case
3 orders share this CNR
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