Mohammad Fahat and Others v. Punjab National Bank

Appeal Dy. No. 512/2022 Date: 17.10.2022

Mohammad Fahat & Ors. Vs. Punjab National Bank Present: Shri Vishwa Pratap Singh, counsel for the appellant,

As per report of the Registrar dated 11.10.2022 shows that the present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 05.07.2022 passed by the DRT, Dehradun in S.A. No. 21/2020, whereby the amendment application being I.A. No. 363 of 2020 moved by the appellant before the Tribunal below was taken up and time was given to the opposite party for filing objection.

In the present appeal, a prayer has been made for direction to the Tribunal below for considering and deciding the aforesaid amendment application and S.A. No. 21/2020 expeditiously and dispensing with the personal appearance of the appellant before the DRT, Dehradun on the next date fixed.

The report of the Registrar dated 11.10.2022 also shows that no pre-deposit has been made and waiver application has been filed.

Since the relief claimed in the appeal for deciding the amendment application and S.A. No. 21/2020 most expeditiously, therefore, the application is disposed off with direction to the DRT, Dehradun to consider and decide the amendment application being IA No. 363/2020 most expeditiously, preferably on the next date fixed, if possible, or otherwise within a period of three months from the date of production of certified copy of this order. It is further directed that the S.A. be also considered and decided within the same period. There is remedy open for the appellant to move an application for exemption from personal appearance before the Tribunal below, in case he wants dispensation of his personal appearance. If such application is filed, the Tribunal below may consider and decide the same on the next date.