An appeal against an order maintaining status-quo was disposed of by remanding the matter to the DRT for expedited disposal within three months without adjudicating on merits.
DRT directed to dispose of the substantive stay application within three months ignoring the interim merits-based order below.
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
Misc. Appeal No. 160/2022
Between
The Authorised Officer, DCB Bank Ltd & Anr.
…Appellant/s
V/s.
Motiram Popat Gawade & Anr.
…Respondent/s
Mr V. Deshpande, i/b M/s. V. Deshpande & Co., Advocate for Appellant.
-: Order dated: 15/06/2023:-
The Respondents were served but none appears and therefore, were set ex-parte. The Appellant Bank is aggrieved by the interlocutory order in I.A. 5/2019 in S.A. No. 2/2019 on the files of the D.R.T, Pune, for the reason that the status-quo order has been directed to be maintained, unconditionally. The Ld. Presiding Officer has in the impugned order framed three issues and prima facie found the issues in favour of the Applicant/Borrower.
1
The appeal is therefore disposed of accordingly.
Chairperson
rm-11
2
The Authorised Officer, DCB Bank Ltd & Anr.
Motiram Popat Gawade & Anr.
Ashok Menon
As recorded by the court registry
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