Bank of Baroda v. Baba Gurdas Ram Dall Mill

Appeal Dy. No. 820/2023 Date: 10.07.2023

Bank of Baroda Vs. Baba Gurdas Ram Dall Mill

Present: Shri Maneesh Mehrotra, counsel for the appellant,

Heard the learned counsel for the appellant.

The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 14.06.2023 passed by the DRT, Jabalpur in S.A. No. 285/2022, whereby the interim order has been passed restraining the Bank from issuing the sale certificate subject to the condition of deposit of amount by the respondent-Borrower i.e. first installment by 14.07.2023 and the second installment upto 14.08.2023.

Learned counsel for the appellant contends that the raw material (pulses) are lying in the premises, which are perishable items and due to the restraining order passed by the Tribunal below, the same cannot be removed from there. It is therefore prayed that a direction may be issued to the Tribunal below to consider and decide the S.A. most expeditiously in accordance with law.

In view of the above, the appeal stands finally disposed off with direction upon the Presiding Officer, DRT, Jabalpur to consider and decide the S.A. No. 285/2022 in accordance with law most expeditiously, preferably within two months from the date of production of certified copy of this order.

Justice R. D. Khare Chairperson

Anupam