M/ S Rajdoot Trading Company and Ors. v. Oriental Bank of Commerce and Anr.

I.A. No. 09/2022 In Appeal Dy. No. 448/2021 Date: 03.03.2022

M/s Rajdoot Trading Company & Ors. Vs. Oriental Bank of Commerce

Present: Shri Ankur Gupta, counsel for the appellants, Shri J. K. Mishra, counsel for the respondent-Bank,

Learned counsel for the appellant submits that there is urgency in the matter, as the Bank is pressing hard for taking physical possession of the property in question. The only ground of challenge before this Tribunal is that no opportunity of hearing was given to the appellants by the D.M. at the time of deciding the application filed under section 14 of the SARFAESI Act. Further, the Tribunal below dismissed the S.A. relying upon a judgment passed by the Hon’ble Division Bench of Allahabad High Court in the year 2018, whereas the present matter relates to the year 2015.

Learned counsel for the respondent-Bank has been served a copy of the memo along with compilation of the judgments, on which the learned counsel for the appellants relies.

Learned counsel for the respondent-Bank states that there is no instruction with regard to any stand for taking physical possession of the property, therefore, the matter be heard on 07.03.2022 or immediate thereafter, because the writ petition filed by the appellants before the Hon’ble High Court is listed on the said date.

Learned counsel for the appellants states that when the said writ petition was filed, then no Chairperson was available and undertakes that he will withdraw the same on the date fixed 07.03.2022.

List this case on 09.03.2022.