In an interim application seeking a stay on an order directing the bank to hand over possession of property, the chairperson directed an interim stay of the impugned order's operation pending disposal of the appeal.
Interim stay of the operation of the impugned order directing handover of possession till disposal of the appeal.
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.558/2023
In
Misc. Appeal No. 105/2023
Between
Bank Of Baroda … Appellant/s
V/s.
Krishna Ramchandra Shinde & Ors. …Respondent/s Mr. Charles D’souza, along with Mr. Kunal Tiwari, i/b M/s. K Juris Law Firm, Advocate for Appellant.
Ms. Shradha Patil, along with Ms. Malvika S., Advocate for Respondent.
-: Order dated: 30/08/2023:-
The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief. Heard both sides. This is an application for a stay of the impugned order which not only directs the Appellant Bank to hand over possession of the property within 45 days but also threatens the officer concerned of the bank with contempt action.
On perusal of records, I find that the orders cannot be prima facie sustained and therefore, there shall be an interim stay of the operation of the impugned order till disposal of the appeal.
The Respondent is at liberty to file detailed replies.
Post on 12.10.2023 for reply/hearing.
Sd/Chairperson
rm-5
1
Bank Of Baroda
Krishna Ramchandra Shinde
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
