The applicant sought maintenance of status quo under the RDB Act regarding property. The Tribunal held that it cannot decide on a stay application if one is already pending before the Tribunal for considering the same matter.
Application dismissed; liberty granted to move stay application before the Tribunal.
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.
M.A. No. 15/2023 Date: 26.04.2023
Present: None for the applicant,
The present application has been filed under section 17-A with section 20 and Rule 22 of the RDB Act with a prayer to maintain the status quo qua the property in question till the hearing of the stay application pending before the Tribunal below.
The relief sought cannot be granted in the proceedings under section 17-A(2) of the RDB Act in any way as the stay application is pending consideration before the Tribunal below. However, the applicant is at liberty to move an appropriate application before the Tribunal below for redressal of its grievance, if so desired. If such application is filed, the same shall be considered and decided by the Tribunal below in accordance with law most expeditiously, preferably within two months from the date of production of certified copy of this order.
Accordingly, the application is disposed off.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether a stay application can be decided by the Tribunal on a Section 17-A application when a stay is already pending before the Tribunal.
3 provisions across 1 enactments
Applicant
Respondent
R. D. Khare
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
