Short order dismissing an appeal against an interim order under Section 18 of the SARFAESI Act, holding that the remedy lies in filing a fresh application before the Tribunal below while the securitization application is pending.
The appellate appeal is finally disposed off since the remedy for redressal lies in filing an application before the Tribunal below.
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Appeal Dy. No. 1277/2023 Date: 02.11.2023
Chandrakant Satpute Vs. Aditya Birla Housing Finance Ltd.
Present: Shri Bharat Kant, 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 12.07.2023 passed by the Tribunal below in S.A. No. 562/2023, whereby the interim relief has been granted subject to deposit as indicated in the order impugned, against which the present appeal has been filed and the S.A. is still pending consideration before the DRT concerned.
After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, this court is of the opinion that since the securitization application is still pending before the Tribunal below, therefore, there is remedy open to the appellant by filing appropriate application for redressal of his grievances before the Tribunal below against the interim order. If such application is filed, this Tribunal has no doubt that the Tribunal below shall consider and decide the same in accordance with law most expeditiously.
In view of the aforesaid, the present appeal is finally disposed off.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether an appeal lies against an interim order when the main security application is still pending before the Tribunal.
1 provisions across 1 enactments
Chandrakant Satpute
Aditya Birla Housing Finance Ltd.
R. D. Khare
Anupam
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
