In Misc. Application No. 121/2022, the Tribunal directed DRT-I, Delhi to hear an application regarding restraint of property possession on 25.11.2022, dismissing claims of urgency by the respondent bank.
Directed DRT-I, Delhi to take up the application on 25.11.2022 and pass appropriate order.
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.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Application No. 121/2022 Arising out of T.S.A. No. 700/2022 (DRT-I, Delhi)
M.K.S. Aromatics Vs
Punjab National Bank
23.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Anand Aggarwal, Ld. counsel for applicant
Mr. Sanjay Bajaj, Ld. counsel for respondent
This matter has been taken up by me through Video Conferencing.
Misc. Application No.121/2022
Learned counsel for the appellant is seeking direction to DRT-I, Delhi to take up the application filed by him vide diary no.2156 on 14.11.2022 for restraining the respondent bank from taking possession of the property in question. Learned counsel for the appellant states that the possession of the property is slated for tomorrow.
Learned counsel for the respondent, however, states that the bank has deferred the taking over of the possession for a week and as such there is no urgency.
Learned counsel for the appellant states that he wants that his matter may be heard at the earliest by any of the Tribunals at Delhi, whether DRT-I or DRTIII, so that his application under Section 17 of the SARFAESI Act does not become infructuous.
Heard. Let the DRT-I, Delhi take up the matter on 25.11.2022 and pass appropriate order on the above said application of the applicant in accordance with law.
With the above direction, the present application stands disposed of.
File be consigned to record.
(CHAIRPERSON)
-pk
1 issue framed by the court
Whether the DRT-I, Delhi should take up the application to restrain possession of property despite the bank stating no urgency.
1 provisions across 1 enactments
M.K.S. Aromatics
Punjab National Bank
Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
