S Jayapal v. Bank of Baroda

IN THE DEBT RECOVERY APPELLATE TRIBUNAL AT CHENNAI

IA 246/2022

In

A.IR:132/2022

Sri.S.Jeyapal V/S Bank Of Baroda & Anr

06/03/2023

Appellant appearing in person filed a copy of order of Hon’ble High Court of Madras dated 8.11.2022, wherein Hon’ble High Court granted an interim injunction restraining the respondent, i.e., bank from interfering with petitioner’s possession and enjoyment of property.

By filing this order, party in person represented that he has obtained stay from Hon’ble High Court of Madras and matter has to be adjourned. But, this proceeding is entirely different and appellant herein filed this appeal challenging order dated 25.3.2022 in SA 518/2017 passed by DRT, Madurai under Section 18 of SARFAESI Act and for entertaining this appeal, statutory deposit has to be made, for which, an application is filed seeking waiver of statutory deposit and that application is coming up today for hearing. Therefore, order produced by appellant in person is not staying the proceedings of this Tribunal and injunction is only against the respondent bank, from interfering with possession.

As appellant is not ready and not proceeding with waiver application, the same is dismissed for non prosecution and consequently appeal is rejected.