The DRAT dismissed an appeal against an order disposing of proceedings where the respondent's dilatory tactics and failure to deposit amounts stalled SARFAESI measures, allowing the appellant to proceed against secured assets.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc Appeal No. 129/2022
Between
Bank of Maharashtra
… Appellant/s
V/s.
Kantilal Himmatlal Sonigara & Ors.
…Respondent/s
Mr Sanjay Anabhawane, i/b M/s. M&S Legal Ventures, Advocate in Appellant.
-: Order dated: 19/10/2022:-
protracted. It is pertinent to note that in the first instance, vide order dated 09.02.2022 the D.R.T. had granted a conditional stay on deposit of ₹1 crore by 10.02.2022. The Respondent failed to deposit the said amount within the stipulated time and the sale was confirmed. Thereafter, another application was filed and the D.R.T. had, vide order dated 26.04.2022 granted the reliefs to the Respondent regarding shop No. 10 and other properties on a deposit of Rs.5 crores within six weeks. The Respondent again failed to comply with that order in consequent to which the sale of shop No. 10 was completed and other properties were proceeded against. When physical possession of shop No. 10 which was sold in the auction was attempted to be handed over, and possession of the other properties attempted to be taken, the Respondent filed the present I. A No. 1286/2022 in which the impugned order was passed. The Respondent had again failed to comply with the order and as a consequence of this, the Appeal now became infructuous but the Ld. Counsel for the Appellant submits that there is every possibility the Respondent herein may move the D.R.T. again and get an order of stalling the further Sarfaesi measures under one ruse or other.
only to get Sarfaesi measures protracted. Such dilatory tactics cannot be encouraged.
Sd/Chairperson
mks-31
Bank of Maharashtra
Kantilal Himmatlal Sonigara
Ashok Menon
As recorded by the court registry
2 orders share this CNR
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