Appellants sought stay of recovery proceedings pending an appeal against ex parte order, claiming hardship. Tribunal dismissed as infructuous after respondent proved sale was held, confirmed, and sale certificate registered in favor of purchasers.
Stay of further proceedings in Recovery Proceedings of 269/2019 dismissed.
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IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI
M.A:33/2022
S.Sivaperumal & Anr V/S State Bank Of India
26/10/2022
Counter of respondent bank filed today.
This application is filed seeking stay of all further proceedings in Recovery Proceedings of 269/2019 in T.R.C.No.202/2019 (DRC No.314/2018 in OA 600/2014, DRT, Madurai) in TA No.306/2020, DRT, Coimbatore.
According to affidavit filed in support of the petition, petitioners/appellants filed appeal against orders in MA 168/2021 in TA 306/2020 on the file of DRT, Coimbatore, wherein Tribunal below dismissed this application for condonation of delay in setting aside the ex parte final order. According to affidavit averments, respondent has fixed the sale on 26.8.2022 at 13.30 hrs in Recovery Proceedings of 269/2019 in T.R.C.No.202/2019 in DRC No.314/2018 in OA 600/2014, DRT, Madurai and that if auction is allowed to be proceeded, appellants will be put to great hardship and for that reason, appellants sought stay of further proceedings.
Respondent bank filed counter disputing affidavit averments of appellants and it is stated in the counter that sale was already held and its was confirmed on 27.9.2022 and sale certificate was registered on 28.9.2022 before SRO, Gangavalli in favour of auction purchasers.
Heard both sides.
Advocate for appellants submitted that rights of appellants have to be protected and interim stay as prayed for may be granted. On the other hand, advocate for respondent bank submitted that as auction is already conducted and sale certificate is issued and registered, nothing survives for the relief claimed in the application.
I have perused material papers. According to affidavit, relief prayed is to grant stay of all further proceedings in the recovery proceedings on the ground that if auction is allowed to be proceeded, appellants will be put to great hardship. But, as auction is already conducted and third party rights are created, who is not before this Tribunal now, relief claimed in the application has become infructous.
Therefore, application seeking grant of stay of further proceedings of Recovery Proceedings of 269/2019 in T.R.C.No.202/2019 (DRC No.314/2018 in OA 600/2014, DRT, Madurai) in TA No.306/2020, DRT, Coimbatore is dismissed with no order as to costs.
IA 405/2022 (stay) is dismissed.
At request of Ld. Counsels for both sides, posted to 14.12.2022 for arguments.
Sd/Chairperson
1 issue framed by the court
Whether an interim stay on further recovery proceedings can be granted when the auction sale and sale certificate have already been conducted and registered.
S.Sivaperumal & Anr
State Bank Of India
Chairperson
As recorded by the court registry
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