The Appellate Tribunal allowed mention on a bail application filed under Section 18 of the SARFAESI Act against an interim order of the DRT, directing the appellant to argue on an upcoming date.
Mention allowed; case listed for admission and arguments.
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.
Appeal Dy. No. 1038/2022
(Neha Gupta Vs. HDFC Housing Development finance Corporation Ltd.) Date: 28.11.2022
Shri V.K. Ojha, Ld. Counsel for the appellant is present and files affidavit in support of appeal. Ld. Counsel also mentioned pin code number in the appeal. Proper Court fee paid.
No pre deposit has been made. Waiver Application has been filed. Demand notice has not been enclosed with the appeal. It has been mentioned in Para 2 of the Waiver Application that the amount mentioned in Demand Notice dated 11.12.2021 is Rs. 14,99,188/-. In para 3 of the Application it is stated that the Bank has claimed Rs. 1,19,31,945/-. In the order dated 07.10.2022 Page 44 of the instant Appeal), as per submission of respondent-Bank the total outstanding is Rs. 1,19,31,945/-. Counsel states that he will argue before the Hon’ble Court.
The instant Application has been filed under section 18 of the SARFAESI Act against interim order dated 22.11.2022 of DRT, Allahabad in S.A. No. 30/2022. Exemption from filing certified copy Application (I.A. No. 632/2022), Urgency Application (I.A. No. 633/2022, Stay Application (I.A. No. 634/2022) and Waiver Application (I.A. No. 635/2022) have been filed with the Appeal.
It is observed that an Appeal Dy. No. 876/2022 has also been filed earlier under section 18 of the SARFAESI Act against interim order dated 07.10.2022 of DRT, Allahabad in the same S.A . i.e. S.A. No. 30/2022. The next dated fixed in Appeal Dy. No. 876/2022 is 01.12.2022 before Hon’ble Court. A copy of the order dated 15.11.2022 of Hon’ble Court in Appeal Dy. No. 876/2022 is at page no. 49 of the instant Appeal.
Mention has been allowed by Hon’ble Court.
List this case before Hon’ble Chairperson on 29.11.2022 for admission.
Registrar
1 provisions across 1 enactments
Neha Gupta
HDFC Housing Development finance Corporation Ltd.
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
