This court disposed of an appeal against an order of adjournment and direction to defer possession. The court observed that the departmental tribunal would pass a reasoned order and disposed of the matter.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No.152/2022 Arising out of S.A.No.264/2022 (DRT-III, Delhi)
Edelweiss Assets Reconstruction Company Ltd. Vs Manish Sharma & Ors.
15.07.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Samarendra Kumar, Ld. counsel for the appellant
Mr. Abhinav Agnihotri along with Mr. Divesh Sawhney, Ld. counsel for respondents 1 to 4
This matter has been taken up through Video Conferencing.
This is an appeal filed against the order dated 29.06.2022 passed by the learned DRT whereby the matter was adjourned for hearing on 05.07.2022 and the respondent bank / Court Receiver was directed to hold its hands till the hearing of the matter by the Tribunal on the next date fixed. The learned counsel for the appellant submits that there was no restraint order passed by the learned DRT till the compliance of order dated 24.03.2022 and physical possession was taken by the Tehsildar concerned by 1.45 p.m., but when at about 2.30 p.m the order was uploaded on the website the appellant came to know that the learned DRT has directed the appellant to hold its hands till the next date in the matter. He points out that on 05.07.2022, the learned DRT adjourned the matter to 16.07.2022 for hearing on the issue of interim relief and the interim order dated 29.06.2022 was extended directing the respondent no.1 FI/ Court Receiver to defer the taking of possession of the property in question till the next date fixed. The learned counsel for the appellant submits that now the matter is coming up for hearing before the learned DRT tomorrow, i.e. 16.07.2022 and the learned DRT may be directed to pass a detailed order tomorrow.
Heard. There should not be any apprehension that Ld. DRT will not pass a detailed order. Every Tribunal is supposed to pass a reasoned order. This Tribunal, therefore, hopes and trusts that when the Ld. DRT-III, Delhi hears the matter tomorrow or any date thereafter, it will pass a detailed and reasoned order.
With the above observation, the appeal is disposed of.
(CHAIRPERSON)
-pk
Edelweiss Assets Reconstruction Company Ltd.
Manish Sharma
Mr. Justice Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
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