Bank of Baroda v. Chavi Traders
Case brief
What is this about?
In an appeal against an interim order staying coercive action under the SARFAESI Act pending deposit of dues, the court held the appeal premature because the impugned order was conditional on a future deposit that had not been made.
What did the court decide?
The appeal was dismissed as premature; no order as to costs.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appeal Dy. No. 381/2023 Date: 29.03.2023
Bank of Baroda Vs. Chavi Traders
Present: Shri P. K. Srivastava, 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 10.03.2023 passed by the DRT, Dehradun in S.A. No. 57 of 2023.
The report of the registrar dated 28.03.2023 shows that I.A. No. 248/2023 being urgency application and I.A. NO. 249/2023 being Stay application have been filed.
Vide impugned order dated 10.03.2023, the Tribunal below on taking note of the statement of the respondent-Borrower that they want to pay the borrowed money and produced a draft of Rs. 25.00 lacs has directed that in case the S.A.-applicant further deposits Rs. 25.00 lacs within 30 days, the coercive action be kept in abeyance till the date fixed and if such deposit is not made by the S.A.-applicant, the appellant-bank shall be free to take action in accordance with law under the SARFAESI Act and the matter was fixed for 10.04.2023, which date is yet to come.
In view of the above, the present appeal is pre-mature and the same is accordingly dismissed as pre-mature. No order as to costs.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether an appeal filed under section 18 of the SARFAESI Act against an interim order staying coercive action is maintainable when the stay order was dependent on a future deposit by the applicant.
Parties & counsel
- appellant
Bank of Baroda
- respondent
Chavi Traders
Coram
R. D. Khare
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · LD Registrar
- Order 2 — this page · Rajesh Dayal Khare
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