The Tribunal set aside an impugned order denying the Appellant an opportunity to object to a stay application pending in the D.R.T., Pune, and remanded the matter for a merits hearing.
The impugned order is set aside, and the matter is remanded to D.R.T. for hearing the application on merits after the Appellant files objections.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson Misc. Appeal No. 10/2022
Between Sanmitra Sahakari Bank Ltd. … Appellant/s V/s. Saluja Jaspreetsingh Paramjeetsingh & Ors. …Respondent/s Mr. Ronak H. Shah, Advocate for Appellant. Mr. P. B. Kulkarni, Advocate for Respondent.
-: Order dated : 05/04/2022 :-
Heard both sides.
Learned counsel appearing for Appellant submits that when matter was pending in D.R.T., Pune, interim order dated 16.02.2022 has been made in I.A. 205/2022 in S.A. (Diary) No. 322/2022 by D.R.T., Pune, directing the Applicant in the S.A. to deposit a sum of Rs.25 Lakhs in five instalments and conditional stay to the handing over of possession has been made. The only objection of the learned counsel appearing for the Bank is that he must be heard before the stay is granted and that opportunity has been deprived.
Under the circumstances, I find that since already there is a stay granted by D.R.T., the matter is remanded by setting aside the impugned order by giving an opportunity to the Appellant Bank to file its objection on I.A. No.205/2022 and the DRT is directed to hear the application on its merits as expeditiously as possible at rate any within a period of two weeks from the date of the receipt of copy of this order.
Appeal is disposed of accordingly.
All Miscellaneous Applications, if any, are dismissed as infructuous.
Sd/Chairperson
dpj/mks-8
1
1 issue framed by the court
Whether the Appellant Bank should be given an opportunity to file objections before the stay in the D.R.T. proceedings is lifted.
Sanmitra Sahakari Bank Ltd.
Saluja Jaspreetsingh Paramjeetsingh & Ors.
Ashok Menon
As recorded by the court registry
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