Bank of Baroda v. Channel Motors and others

Appeal Dy. No. 332/2023 Date: 20.04.2023

Bank of Baroda Vs. Channel Motors & Ors.

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 06.02.2023 passed by the DRT, Dehradun in S.A. No. 32/2023, by which the Tribunal below has taken note of the fact that the appellant wants to settle the matter with the Bank and in view of the settlement, a direction has been issued to the S.A.applicant to deposit certain amount as specified in the order. If such amount is deposited, the Bank has been directed not to take further action in relation to the auction sale till the next date fixed.

Perusal of the averments made in the para no. 5.6 to 5.9 of the present appeal, it is clear that the Bank has already auctioned the property in question and sale has been confirmed and sale certificate has also been issued in favour of the auction purchaser.

In view of the above, this court finds that there is no ground on which the order impugned can be assailed. Hence, the same does not warrant any interference of this Tribunal. Accordingly, the present appeal is disposed off with liberty to the appellant to move an appropriate application before the Tribunal below for redressal of its grievance, if so desired.

Justice R. D. Khare Chairperson