M/S Shri Krishnan Tradings and Ors. v. Union Bank of India and Ors.

Appeal Dy. No. 1137/2022 Date: 20.12.2022

M/s Shri Krishnan Tradings & Ors. Vs. Union Bank of India & Ors.

Present: Shri S. S. Nigam, Senior Advocate assisted by Shri V. K. Shukla, counsel for the appellants, Shri Sandeep Arora, counsel for the respondent no. 4, Shri S. C. Pandey, counsel for the respondent nos. 1 & 2- Bank,

Heard the learned counsels for the parties.

The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 14.12.2022 passed by the DRT, Jabalpur in S.A. No. 96/2022., wherein it is noted that the Tribunal below had granted conditional interim protections to the S.A.-applicant time and again, but the same were not complied with, therefore, the stay application, which was again filed, has been rejected. This Appellate Tribunal had already directed the Tribunal below vide order dated 01.12.2022 to consider and decide the matter within three months and accordingly, the Tribunal below has fixed the date as 17.01.2023.

In view of the above, this Tribunal has no doubt that the Tribunal below shall consider and decide the matter finally on the date fixed i.e. 17.01.2023 and no legal infirmity has been pointed out by the appellants in the impugned order, therefore, no interference of this Tribunal is warranted in the same. However, the appellants have remedy open to file appropriate application before the Tribunal below for their grievance, if any, in the pending proceeding. Accordingly, the appeal is disposed off.

Justice R. D. Khare Chairperson

Anupam