M s Allybee Trading Co. v. Raj Radhe Finance Limited

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

I.A. No. 722/2023 (Stay) In

Misc. Appeal No. 134/2023

Between

M/s. Allybee Trading Co. … Appellant/s V/s. Raj Radhe Finance Ltd …Respondent/s

Raj Radhe Finance Ltd

An Advocate for the Appellant is present.

An Advocate for the Respondent is present.

-: Order dated: 01/11/2023:-

The matter is taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief.

1. The Appellant is in appeal impugning the interlocutory order dated 13.10.2023 in S.A. No. 606/2023 on the files of Debts Recovery Tribunal-II, Ahmedabad (D.R.T) wherein the tenancy set up by the Appellant was found to be prima facie not maintainable and hence, no interim relief was granted to protect the possession of the property by the Appellant, and Respondent No. 1 was given the liberty to proceed under the provision of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002. (“SARFAESI Act”, for short) to take physical possession of the property in accordance with an order obtained from the Chief Metropolitan Magistrate u/s. 14 of the SARFAESI Act.