Bank of Maharashtra v. M/S Riddhi Siddhi Industries and 2 Ors.
Case brief
What is this about?
The Court disposed of an infructuous urgency application in an appeal under the SARFAESI Act against an interim DRT order. An order was also issued to serve notice on remaining respondents regarding delay condonation.
What did the court decide?
Urgency application (I.A. No. 431/2023) disposed of as infructuous. Notice to issued remaining respondents on delay condonation application.
What the court decided
Appeal Dy. No. 658/2023 Date: 12.07.2023
Bank of Maharashtra Vs. M/s Riddhi Siddhi Industries
Present: Mrs. Shruti Malviya, counsel for the appellant-Bank, 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 15.12.2022 passed by the DRT, Lucknow in S.A. No. 856/2022.
The report of the Registrar dated 08.06.2023 shows that the urgency application being I.A. No. 431/2023 and delay condonation application being I.A. No. 432/2023 have been filed.
Since the matter has been taken up today, therefore the urgency application being I.A. No. 431/2023 has become infructuous and is disposed off as such.
Shri Rajeev Saran, Advocate has put in appearance on behalf of the respondent no. 3 and submits that he has not been served with the copy of appeal. Learned counsel for the appellant submits that he shall serve the same upon the counsel for the respondent no. 3 within 48 hours, who may file reply by the next date.
Issue notice to the remaining respondents on the delay condonation application by two modes i.e. Registered Post with A.D. and Speed Post. Steps to be taken by the appellant within a week. Affidavit of service along with tracking report be filed by the next date.
List this case on 13.10.2023 for service.
Issues for consideration
1 issue framed by the court
Whether to allow an urgency application in an appeal filed under section 18 of the SARFAESI Act.
Parties & counsel
- appellant
Bank of Maharashtra
- respondent
M/s Riddhi Siddhi Industries
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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