Disposes of five appeals challenging SARFAESI measures. Appellants were tenants seeking possession protection. Court held appeals non-essential as bank withdrew action. Tenants may challenge future eviction/notice-given measures.
The appeals are disposed of as not essential given the bank's non-continuation of SARFAESI measures.
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. 275/2023
In
Appeal No. 26/2023
Between
Devendra Vedant … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
I.A. No. 272/2023
In
Appeal No. 23/2023
Between
Pradeep Vedant … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
I.A. No. 273/2023
In
Appeal No. 24/2023
Between
Darshan Bheda … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
I.A. No. 274/2023
In
Appeal No. 25/2023
Between
Parul Vedant … Appellant/s
V/s.
Canara Bank …Respondent/s
AND
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Appeal on Diary No. 875/2023
Between
Alpa Nayan Vedant … Appellant/s V/s.
Canara Bank …Respondent/s Mr. Deepan Dixit, along with Ms. Chinmayee Ghag, i/b M/s. Zastriya, Advocate for Appellants.
Ms Vaishali R. Bhilare, along with Ms. Kadambari Patil, Advocate for Respondents.
-:Common Order dated: 11/10/2023:-
These appeals are preferred by Applicants in different S.As. filed by them before the Debts Recovery Tribunal-I, Mumbai (D.R.T) with the intention to protect their possession as alleged tenants over the properties proceeded by the Respondent Bank as a secured asset and steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act” for short) were initiated.
2
tenants from the premises regarding which they have the right to defend. These appeals are not essential, to protect the interest of the Appellants, and the Respondent bank has made it adequately clear that they are not proceeding with the present Sardaesi measures which have been challenged before the D.R.T.
With these observations, the appeals are all disposed of.
Sd/Chairperson
rm-12-13-14-15-17
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1 issue framed by the court
Whether appeals seeking protection of tenancy possession pending IBC liquidation pursuant to SARFAESI measures are maintainable when bank has withdrawn initiation of proceedings.
Devendra Vedant
Pradeep Vedant
Darshan Bheda
Parul Vedant
Alpa Nayan 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
