The appellate tribunal disposed of the miscellaneous appeal as infructuous when counsel for both parties agreed that SARFAESI measures had already been initiated against the principal borrower.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson
Misc. Appeal No. 62/2023
Between
Anuj Gupta … Appellant/s V/s.
Reliance Asset Reconstruction Company Ltd. …Respondent/s Mr. Rajesh Nagory along with S. Puri & Ms. Keerthi Kamath, i/b M/s. Mansukhlal & Hiralal & Co., Advocate for Appellant.
Mr. Vinay Deshpande along with Ms. Shobha Chavan, i/b M/s. V. Deshpande & Co., Advocate for Respondent No.1
-: Order dated: 08/09/2023:-
The Appellant in this appeal is the guarantor and is aggrieved by the order wherein the D.R.T. had refused to grant him relief with regard to proceedings for realizing the debt by initiating Sarfaesi measures. The Appellant wanted the secured assets belonging the the principal borrower to be proceeded against and exhausted before proceeding against his properties.
The Ld. Counsel appearing for Respondents submits that Sarfaesi measures have been initiated against the principal borrower and hence, this appeal becomes infructuous. The Ld. Counsel for the Appellant agrees
Hence, the appeal is disposed of as infructuous.
psa-03
1
Anuj Gupta
Reliance Asset Reconstruction Company Ltd.
Ashok Menon
As recorded by the court registry
5 orders share this CNR
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