The Debts Recovery Appellate Tribunal dismissed an appeal as infructuous. The appeal challenged possession taken under Section 13(4) of the SARFAESI Act, but the underlying asset had already been auctioned and possession transferred to the purchaser under Section 14.
The appeal was dismissed as infructuous.
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. 78/2023 (WoD)
In
Appeal on Diary No. 457/2022
Between
Sunit W/o Vasant Deshmukh … Appellant/s V/s.
Shamrao Vithal Co-op. Bank Ltd. & Ors. …Respondent/s
Sejal A. Hariyan, i/b M/s. P. Padmanabh & Associates, Advocate for Applicant/Appellant.
An Advocate for the Respondent is present.
-: Order dated: 17/10/2023:-
The appeal is filed challenging the dismissal of the Securitization Application (S.A.) No. 98/2019 on the files of the Debts Recovery Tribunal, Aurangabad (D.R.T.) dated 21.12.2021 wherein the Appellant had challenged the Sarfaesi measures with regard to taking over possession of the secured asset by the Authorized Officer of the Respondent Bank under the provision of section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act” for short).
1
u/s 14 nor is the sale challenged as yet.
Under the circumstances, I find that the appeal is only to be dismissed as infructuous.
Sd/Chairperson
psa-03
2
1 issue framed by the court
Whether the appeal challenging the taking over of possession under section 13(4) of the SARFAESI Act is maintainable given that the asset was already auctioned and possession handed over.
1 provisions across 1 enactments
Sunit W/o Vasant Deshmukh
Shamrao Vithal Co-op. Bank Ltd.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
