The Tribunal heard the appeal suo motu. It revisited the findings regarding insufficient notice under Section 13(2) of the SARFAESI Act and modified the interim relief, staying further measures until the summary appeal is disposed of within two months.
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. 45/2022
Between
Federal Bank Ltd. … Appellant/s
V/s.
Mr. Jaidev Vinodkumar Gupta & Ors.
…Respondent/s
Mr. Umesh Shetty along Mr Shakib Dorajiwala & Mr Rushabh Chopra, i/b M/s Vidhii Partners, Advocate for Appellant.
Mr Rajesh Nagory, i/b Ms Sanjana Ghoghare, Advocate for the Respondents.
-: Order dated: 10/11/2022:-
“That, this Hon’ble Tribunal may be pleased to declare that the notice dated 28.03.2022 [ physical possession scheduled on 19.04.2022 ] issued u/s 14 by the Assistant Registrar of Kurla Centre of Court, Kurla, Mumbai qua the subject property i.e. all that piece and parcel of shop no. 1, ground floor, M M
1
Spectra, Shramjivi Nagar, Eastern Express Highway, Chembur East, Mumbai 400 071 is illegal, arbitrary and the same be quashed and set aside by this Hon’ble Tribunal.”
Sd/Chairperson
mks-28
2
1 issue framed by the court
Whether the notice u/s 13(2) of the SARFAESI Act was insufficient.
Federal Bank Ltd.
Mr. Jaidev Vinodkumar Gupta & Ors.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
