The Appellant appealed against SARFAESI measures based on a withdrawn notice after debt assignment. The Court held the appeal infructuous as the underlying measures no longer existed and allowed contempt petitions separately.
The appeal and all other miscellaneous applications were dismissed as infructuous.
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.46/2022
Between
Soniya Pradeep Sohani … Appellant/s V/s.
Abhyudaya Co-operative Bank Ltd. & Ors. …Respondent/s Mr. Narpat Singh, i/b M/s. T. N. Tripathi & Co., Advocate for Appellant.
Mr Vinay Deshpande, i/b M/s. V. Deshpande, Advocate for Respondent No.4
-: Order dated: 26/08/2022:-
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he would want to pursue those contempt petitions. The proceeding regarding contempt is no longer in consideration before this Tribunal and therefore, this Tribunal is not concerned with the contempt petitions. The Appellant is at liberty to pursue those contempt petitions, and the pendency of this Appeal would in no way affect them. The orders in contempt petitions are also subject to challenge. 3. Under the circumstances, I find that this Appeal has become infructuous and is disposed of.
Sd/Chairperson
mks-15
2
Soniya Pradeep Sohani
Abhyudaya Co-operative Bank Ltd.
Ashok Menon
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
