The Debt Recovery Appellate Tribunal stayed the execution of a decree against the appellant Vijaya Bank, allowing the appeal to be heard and disposed of expeditiously due to prolonged pendency.
Stay of execution of the decree till disposal of the appeal.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson Appeal No. 186/2008
Between
Vijaya Bank … Appellant/s
V/s.
State Bank of India & Ors.
…Respondent/s
An advocate for the Appellant Bank is present.
Mr Sandeep Kumar Singh along with Ms Deepika Mishra, Advocate for the Respondent No. 1
The matter is taken up for hearing by way of praecipe dated 10.07.2023 filed by Appellant Bank for seeking urgent relief. 2. The Ld. Counsel appearing for the Appellant Bank submits that the Respondent Bank is making an effort to execute the order which is impugned as earlier as on 29.09.2008. This Tribunal had passed an interim stay to the execution of the decree against the Appellant Bank. There was an extension of the interim order from time to time but in between it was discontinued as there was no submission made on behalf of the Appellant to continue the interim order. It is now submitted that there is a possibility of executing the order before the Recovery Officer, D.R.T.-I, Ahmedabad. In view of the fact that the matter has been pending for quite some time and the decree was not executed to date, I find that it is only appropriate that there shall be a stay of the execution of a decree and the appeal which ripe can be heard and disposed of expeditiously and there shall
1
be a stay till disposal of the appeal.
Post on 24.08.2023 for hearing.
Sd/Chairperson
mks-37
2
1 issue framed by the court
Whether to grant a stay on the execution of the decree pending the disposal of the appeal.
Vijaya Bank
State Bank of India
Ashok Menon
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
