An appeal filed under section 18 of the SARFAESI Act was dismissed. The court held there were no grounds to entertain the appeal as the matter remained pending adjudication by the Debt Recovery Tribunal, which was directed to decide the application expeditiously.
Appeal dismissed; directed to consider and decide pending O.A. most expeditiously.
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Appeal Dy. No. 1082/2023 Date: 18.09.2023
J. C. Flower Asset Reconstruction Company Vs. M/s Carnival Films Pvt. Ltd.
Present: Shri P. K. Gupta along with Shri Anuj Mandhyan, 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 18.07.2023 passed by the DRT, Jabalpur in O.A. No. 276/2023, in which reply is being called for on the delay condonation application, thereafter it has been directed that the application for interim protection shall be considered.
After hearing the learned counsel for the appellant, this court is of the opinion that there is no good ground made out for entertaining the appeal, as the matter is still pending before the Tribunal below for adjudication on merits, therefore, the appeal is finally disposed off with the direction to the Tribunal below to consider and decide the pending O.A. in accordance with law most expeditiously.
Justice R. D. Khare Chairperson
Anupam
2 issues framed by the court
Whether an appeal filed under section 18 of the SARFAESI Act can be entertained when the underlying matter is still pending before the Tribunal.
The direction for the Tribunal to decide the pending Order Application expeditiously.
1 provisions across 1 enactments
J. C. Flower Asset Reconstruction Company
M/s Carnival Films Pvt. Ltd.
R. D. Khare
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
