Smt Poonam Gupta v. Bank of India and 2 Ors.

M.A. No. 26/2022 In Appeal Dy. No. 279/2022 Date: 20.10.2022

Smt. Poonam Gupta Vs. Bank of India & Ors.

Present: Shri Sanjay Kumar Gupta, counsel for the appellant, Shri Arif Iqbal, counsel for the respondent-Bank,

Heard the learned counsel for the appellant on the urgency application being I.A. No. 502/2022.

Learned counsel for the appellant submits that due to inadvertence, the Appellate Tribunal, Delhi has dismissed the appeal recording the statement of the appellant for withdrawal of the same with liberty to file a fresh S.A. before the DRT against the order passed by the District Magistrate under section 14 of the SARFAESI Act, whereas the submission of the learned counsel for the appellant was for withdrawal of the interim application dated 19.08.2022 with liberty to file fresh application, if required.

It is further contended that the Additional District Magistrate, Prayagraj has issued notice dated 12.10.2022 to the appellant for handing over the physical possession of the property in question by 30.10.2022, otherwise possession will be taken forcibly on 31.10.2022.

The report of the Registrar dated 18.10.2022 shows that the next date fixed in this case is 31.10.2022.

In view of the above, the urgency application is disposed off.

List this case on the date already fixed i.e. 31.10.2022.