Dismissed

M/ S Aloki Hospital Private Limited and Ors. v. Indian Bank and Anr.

DRAT23 Nov 2022TRANSFER PETITION/3/2022

Case brief

AI extract

What is this about?

The Tribunal dismissed a transfer petition filed by M/s Aloki Hospital Private Ltd. and others against Indian Bank, rejecting the argument for transferring the matter due to the rejection of interim relief by the lower court.

What did the court decide?

The transfer application was rejected and the matter remains with the DRT, Lucknow for grievance applications by the applicants.

M/ S Aloki Hospital Private Limited and Ors. versus Indian… — Company and Corporate | DRAT (2022)

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Transfer Petition No. 03/2022 Date: 23.11.2022

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M/s Aloki Hospital Private Ltd. & Ors. Vs. Indian Bank & Anr.

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Present: Shri Sahil Srivastava, counsel for the applicants,

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Heard the learned counsel for the applicants.

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It has been contended that there has been gross violation of the guidelines of the RBI in the procedure adopted and that no demand or sale notice was ever served upon the applicants, which is again gross contravention of provision of the SARFAESI Act. It is contended that no possession notice was ever served upon the applicants nor it was affixed on any conspicuous place of the house nor any such notice was ever published in the newspaper.

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It is further contended that a clear 15/30 days prior notice prior to the sale was not given as per e-auction process and thereafter the applicants approached before the DRT, Lucknow by filing a fresh S.A. No. 531/2022 along with delay condonation application. It is further contended that in the meantime, the respondent-Bank sold the property to the successful bidder being respondent no. 2 and the DRT, Lucknow passed an order dated 06.10.2022, whereby the interim relief of the applicants was rejected illegally. It is further contended that the applicants have lost all its hope in the DRT, Lucknow as the interim relief has been rejected by the DRT, Lucknow, therefore, the present transfer application has been moved before this Tribunal for transferring the matter to the DRT, Allahabad.

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Learned counsel for the applicant submits that he has lost all his hopes to get justice from the DRT, Lucknow merely because his interim stay application has been rejected, which

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argument does not find favour of this court, accordingly the transfer application is being rejected.

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After hearing the learned counsel for the applicants, this court is of opinion that if the applicants have any grievance with regard to the non following the guidelines of the RBI or the procedure of the SARFAESI Act and Rules, the applicants may file appropriate application on all the grievances before the DRT, Lucknow and if such application is filed, the Tribunal below shall consider and decide the same most expeditiously in accordance with law.

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In view of the above direction, the application stands disposed off.

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Justice R. D. Khare Chairperson

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Anupam

M/ S Aloki Hospital Private Limited and Ors. v. Indian Bank and Anr.

Case brief

What is this about?

What did the court decide?

M/ S Aloki Hospital Private Limited and Ors. v. Indian Bank and Anr.

Case brief

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What did the court decide?

What the court decided

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