Sandeep Dogra v. State Bank of India and Anr.

Appeal Dy. No. 637/2022 Date: 16.09.2022

Sandeep Dogra Vs. State Bank of India

Present: Shri G. S. Mishra, counsel for the appellant, Learned counsel for the appellant submits that the appellant is ready to pay the entire dues and the Bank has locked the door of the property in question.

The report of Registrar of this Tribunal shows that the instant appeal has been filed under section 18 of the SARFAESI Act against the final order dated 26.08.2022 passed by the DRT, Lucknow in S.A. No. 227/2021. Further, the urgency application being I.A. No. 352/2022, waiver application being I.A. No. 353/2022 and interim relief application being I.A. no. 354/2022 have been filed along with the present appeal and no pre-deposit has been made, as it is contended by the learned counsel for the appellant that the property has been sold by the Bank.

Let the notice be issued to the respondents on waiver, urgency and interim relief applications by two modes i.e. registered post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.

Since the learned counsel for the appellant states that the appellant is ready to pay the entire dues, he may serve the copies of memo of appeal, waiver, urgency and interim relief applications upon the respondent-Bank personally. If the respondent-Bank is served personally, he may file response to the offer of the appellant, if so desired.

On the direction of this court, Shri Sandeep Arora, Advocate has taken notice of the present case on behalf of the respondent-Bank and seeks time to take instruction from the Bank and file reply. Further, he submits that interim application cannot be considered for the reason that the appellant did not assail the proceedings initiated under section 14 of the SARFAESI Act before the Tribunal below, therefore, the same cannot be assailed directly before this Tribunal.