The DRT-Appeal Tribunal granted an ad-interim injunction restraining dispossession of the appellant from disputed premises pending availability of the impugned DRT-I judgment, noting prima facie possession since 2006.
Ad-interim injunction preventing dispossession of the appellant from premises granted.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 201/2023
In
Appeal No. 21/2023
Between
… Chandrikaprasad H ira Gupta Appellant/s V/s. Bank of Baroda a n d Ors. … R espondent/s Ms. Jennifer Mic h ael, along with Ms. Divya V, i/b M/s. Som Sinha & Associates, Ad v ocate for the Appellant. Ms. Akshaya P., M /s. S.K. Singhi, Advocate for the Respondent.
-: Order dated: 31/03/2023:-
Heard bot h sides on I.A. No. 201/2023. T he copy of the impugned judgment is not available for the perus a l of the reasons relied upon by t he Ld. Presiding Officer, D.R.T - I, Mumbai for . disposal of the S. A
On going t hrough the documents produce d , I find that the prima facie case h as been made out to indicate that t he Appellant has been in posses s ion of the disputed premises since 2006 and therefore, an ad-interim order of injunction preven t ing dispossession of the Appellant from the premises is granted till the copy of the impugned judg m ent is made available and produced for consideration.
Post on 04.05.2023 for further hearing.
rm-19
1
2 issues framed by the court
Whether an ad-interim injunction to prevent dispossession should be granted pending availability of the impugned judgment.
Whether the appellant has established a prima facie possession of premises since 2006.
1 provisions across 1 enactments
Chandrikaprasad Hira Gupta
Bank of Baroda
Ashok Menon
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
