Smt Sangeeta Arora v. Bank of Baroda
Case brief
What is this about?
In this transfer application, Smt. Sangeeta Arora challenged an e-auction sale notice for recovered assets due to the alleged absence of the Presiding Officer at DRT, Dehradun. The Court noted that a Presiding Officer was present, rendering the Appellate Tribunal approach unnecessary, and advised the appellant to seek early listing before the DRT.
What did the court decide?
Disposed of the transfer application; advised appellant to move an application for early listing before DRT, Dehradun.
Misc. Application Dy. No. 436/2021 Date: 26.05.2022
Smt. Sangeeta Arora Vs. Bank of Baroda
Present: None for the appellant,
The present transfer application has been filed by the appellant on the ground that there is no Presiding Officer at DRT, Deharadun, therefore, the securitization application no. 768/2021 filed by the appellant on 01.11.2021 could not be decided, in which the e-auction sale notice dated 09.10.2021 has been challenged, whereby the secured asset being HIG, Plot No. 12, Madhubani Ashiyana Yojana, Kanth Road, Moradabad as well as Gata No. 1875, area 0.239 hectares, Village Mungalpur, was sought to be auctioned. It is contended that on the aforesaid account, a writ-C No. 29675/2021 was also filed before the Hon’ble High Court, Allahabad, which was decided vide order dated 12.11.2021 taking note that there is no Presiding Officer at DRT, Dehradun and considering the facts and circumstances of the case, the parties were directed to approach this Appellate Tribunal directly.
The Presiding Officer, DRT, Dehradun has joined as has been intimated by the registry of this Tribunal, therefore, the appellant has remedy open for moving an appropriate application for early listing/hearing of the aforesaid S.A. before the DRT, Dehradun. If such application is moved, the Presiding Officer, DRT, Dehradun is expected to consider and decide the said application most expeditiously in accordance with law. In case any interim application is filed by the applicant before the DRT, Dehradun, the same may be considered and appropriate order may be passed as per law.
In the above terms, the present misc. application stands disposed off.
Justice R. D. Khare
Issues for consideration
2 issues framed by the court
Whether the appellant has an alternative remedy given the presence of the Presiding Officer at DRT, Dehradun instead of approaching the Appellate Tribunal.
Whether the present transfer application regarding the securitization stay order requires a substantive hearing or disposal.
Parties & counsel
- appellant
Smt. Sangeeta Arora
- respondent
Bank of Baroda
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090004362021
- Topic
- Banking and Recovery
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