Appeal against refusal to stay SARFAESI measures. Tribunal declined stay on merits but directed Respondent to give fifteen days' notice before taking possession.
Stay declined; Respondent directed to file reply and give fifteen days' notice before proceeding with possession measures.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 99/2022
Between
| MrSahanaaz Shaikh | … Appellant/s |
|---|---|
| V/s. | |
| Bank of Baroda&Ors. | …Respondent/s |
Mr. Som Sinha a/wMsDivya V., i/b MrSom Sinha, Advocate for Appellant.
MsAkshayaPuthran, i/b M/s S. K. Singhi& Co. LLP, Advocate for Respondent Bank.
-: Order dated: 28/07/2022:-
1
Sd/Chairperson
mks-4
2
2 issues framed by the court
Whether an interlocutory stay on SARFAESI measures can be granted despite the absence of prima facie tenancy rights.
Whether the Respondent Bank is required to serve fifteen days' notice before enforcing possession measures under SARFAESI.
1 provisions across 1 enactments
Mr Sahanaaz Shaikh
Bank of Baroda&Ors
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
