The Delhi District Court dismissed the appeal as infructuous, allowing the appellant to approach the Chief Metropolitan Magistrate with a fresh application regarding Securitisation measures under Section 14 of the SARFAESI Act.
Appeal disposed of; appellant at liberty to approach the Chief Metropolitan Magistrate with another application.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 667/2023
In
Misc. Appeal No.14/2023
Between
Bank of Baroda & Anr. … Appellant/s V/s.
Saumil Mercantile Pvt Ltd & Ors. …Respondent/s
Mr. A. R. Bamne, along with Mr. Nilesh Bamne, i/b M/s A. R. Bamne & Co, Advocate for the Appellant.
-: Order dated: 30/10/2023:-
I.A. No. 667/2023 is an application for dispensing with notice
to Respondent Nos. 2 to 9 against whom no relief whatsoever is claimed in this appeal and hence, the notice to Respondent Nos. 2 to 9 who are formal parties is dispensed with.
The Appellant Bank is in appeal impugning the order dated 16.11.2022 in I.A. No. 2503/2022 in S.A. No. 335/2022 on the files of Debts Recovery Tribunal-II, Mumbai (D.R.T) wherein there was an observation regarding the insufficiency of the order passed u/s. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (“SARFAESI Act” for short) by the Chief Metropolitan Magistrate.
Sarfaesi measures concerning another property, against which the Appellant was proceeding as S.A. No. 26/2023, and in that, while considering I.A. No. 74/2023, the Ld. Presiding Officer has on
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18.01.2023 observed that the Ld. Counsel appearing for the bank has undertaken to file a separate application u/s. 14 before the CMM. Hence the present application with regard to the Sarfaesi measures under Sec. 14 challenging the order of the CMM dated 02.01.2020 has now become infructuous.
Hence, the appeal is disposed of with a direction that the Appellant is at liberty to approach the CMM afresh with another application in accordance with the law.
Sd/Chairperson
rm-14
2
Bank of Baroda & Anr.
Saumil Mercantile Pvt Ltd & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
