M/s Kailadevi Institute v. Phoenix Arc Pvt. Ltd.

Appeal Dy. No. 210/2023 Date: 21.02.2023

M/s Kailadevi Institutes & Ors. Vs. Phoenix ARC Pvt. Ltd. & Ors.

Present: Shri Praveen Kumar Singh, counsel for the appellants,

On a mention being made by the learned counsel for the appellants, this case has been taken up today.

The learned counsel for the appellants submits that the matter is urgent, as the possession is likely to be taken tomorrow i.e. 22.02.2023.

In the present case, a prayer has been made for quashing the demand notice dated 31.10.2019, possession notice dated 11.03.2022 as well as the order dated 22.09.2022 passed by the ADM (F&R), Agra under section 14 of the SARFAESI Act and the order dated 30.01.2023 passed by the Tehsildar, by which the physical possession of the property is likely to be taken on 22.02.2023 at 12:00 noon.

It is further contended that the S.A. No. 752/2022 has been filed by the appellant challenging the aforesaid proceedings, which is stated to be pending before the Tribunal below, and the order of the Tribunal below dated 20.02.2023, copy of which has been appended at page no. 49 of the paper book, shows that notice has been directed to be issued on the urgency application against the respondent-F.I. and the matter is listed on 22.02.2023 for arguments on interim relief through V.C.

As the matter has already been fixed for grant of interim relief before the Tribunal below on 22.02.2023, it is directed that the Tribunal below shall consider the same and pass the order as per law on the interim application, if possible, tomorrow itself. Accordingly, the appeal stands disposed off.