The Tribunal disposed of the appellant bank’s appeal, directing the Presiding Officer to decide the pending stay application within two months without relying on initial prima facie findings.
Direction to the Presiding Officer to dispose of S.A. No. 189/2021 within two months, untrammelled by prima facie findings.
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. 102/2022
Between
State Bank of India … Appellant/s V/s.
M/s. Manav Greys Exim Pvt. Ltd. & Ors. …Respondent/s
Mr Charles De’souza, i/b Mr Raj Kumar, Advocate for Appellant. Mr Kushal Sawant, Advocate for Respondent.
-: Order dated: 06/12/2022:-
This is an Appeal filed by the Defendant Bank in S.A. No. 189/2021on the files of the Debts Recovery Tribunal-II, Mumbai (‘D.R.T’ for short) impugning the interlocutory order passed by the learned Presiding Officer on 05.01.2022 stalling the Sarfaesi measures on the bases of a prima facie case in favour of the applicants therein.
1
Officer while disposing of the S.A.
All the issues are kept open and shall be agitated afresh by the parties on the bases of materials placed and reply filed before the D.R.T. and the S.A. is disposed of accordingly within the time mentioned earlier.
The Appeal is disposed of.
Sd/Chairperson
psa-21
2
1 issue framed by the court
Whether the appeal filed by the defendant bank against an interlocutory order stalling SARFAESI measures should be disposed of expeditiously?
State Bank of India
M/s. Manav Greys Exim Pvt. Ltd. & Ors.
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
