Debt Recovery Appellate Tribunal heard five inter-related appeal matters ex-parte. The chairperson declined to grant interim stay on the impugned orders, noting pending NCLT IBC proceedings. The matter was postponed for hearing.
Interim stay on ex-parte orders rejected; matter posted for further hearing after setting aside application is placed on record.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 272/2023 (Stay)
In
Appeal No. 23/2023
Between
Pradeep Vedant … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
I.A. No. 273/2023 (Stay)
In
Appeal No. 24/2023
Between
Darshan Bheda … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
I.A. No. 274/2023 (Stay)
In
Appeal No. 25/2023
Between
Parul Vedant … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
1
I.A. No. 275/2023 (Stay)
Appeal No. 26/2023
In
Between
… Appellant/s
Devendra Vedant V/s.
…Respondent/s
Canara Bank
Mr. Deepan Dixit along with Chimayee Ghag, i/b M/s. Zastriya, Advocate for Appellants.
-
Ms Vaishali R. Bhilare, Advocate for Respondents.
-: Common Order dated: 06/06/2023:-
These appeals are posted for the ex-parte hearing today.
The Ld. Counsel appearing for Respondent Bank in all these appeals states that an application for setting aside ex-parte order passed against them has been filed which is to be placed before the Bench.
The Ld. Counsel appearing for the Appellant seeks to hear the application to stay the impugned order. It is submitted by the Ld. Counsel appearing for the Respondent Bank, as also revealed from the impugned order that the NCLT proceedings in the IBC matter which is pending before the said Tribunal and therefore, there is no possibility of the Sarfaesi measures being proceeded with against the secured assets as of now. Hence, I do not find it necessary to grant any interim reliefs at this stage. The application for setting aside ex-parte, if filed, and in order, shall be placed before the Bench.
Post on 03.07.2023 for hearing.
Sd/-
Chairperson
mks-13to15
2
3 issues framed by the court
Whether to grant interim stay on the ex-parte orders passed in the pending appeals.
Whether to consider the application for staying the impugned orders despite the pending NCLT proceedings.
Whether to dismiss the ex-parte applications filed by the appellants.
Pradeep Vedant
Darshan Bheda
Parul Vedant
Devendra Vedant
Canara Bank
Ashok Menon
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
