Satishbhai Anandbhai Lungariya v. Rbl Bank Limited
Case brief
What is this about?
Single bench order on an application for waiver of deposit in an appeal seeking interim relief against dispossession. Court granted two weeks for reply and directed 15-day notice before possession.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 313/2023(WoD)
In Appeal on Diary No.737/2023 Between
Satishbhai Anandbhai Lungariya & Ors. … Appellant/s
V/s.
The Authorized Officer, …Respondent/s RBL Bank Ltd.
Mr. Dhrumit Chauhan, along with K. Trivedi, Advocate for Appellant.
Mr. Meghnath Nawlani, Advocate for Respondent.
-: Order dated: 18/05/2023:-
The matter is taken up for hearing by way of a Praecipe filed by the Appellants seeking urgent relief.
This is an application for waiver of deposit filed in the appeal by the Appellants to impugn the interlocutory order of the D.R.T.-II, Ahmadabad in S.A. No. 215/2022 refusing to grant any interim reliefs to the Appellants preventing them from being dispossessed of the residential premises. It is submitted that the Ld. Presiding Officer has not gone into the merits of the contentions raised in the S.A. and has directed the Respondent Bank to proceed with the Sarfaesi measures only because the Appellants had delayed in making payments as undertaken before the Tribunal.
Issues for consideration
1 issue framed by the court
Whether the deposit required in the appeal must be waived given the Appellants' request for urgent interim relief.
Parties & counsel
- appellant
Satishbhai Anandbhai Lungariya & Ors.
- respondent
The Authorized Officer, RBL Bank Ltd.
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · Ashok Menon
- Order 2 · Ashok Menon
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