Satish Dawra Son of Shri Harish Dawra v. Bank of India Barnch
Case brief
What is this about?
Appeal against DRT interim order mandating deposit of outstanding sum. Court dismissed urgency application filed during hearing and directed maintenance of status quo until reply filed.
What did the court decide?
Urgency application disposed as infructuous; status quo of property maintained pending reply.
What the court decided
Appeal Dy. No. 749/2023 Date: 12.07.2023
Satish Dawra Vs. Bank of India
Present: Shri V. K. Shukla, counsel for the appellant-Bank,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 26.05.2023 passed by the DRT, Jabalpur in S.A. No. 367/2023.
The report of the Registrar dated 21.06.2023 shows that the urgency application being I.A. No. 477/2023, waiver application being I.A. 476/2023 and stay application being I.A. No. 475/2023 have been filed.
Since the matter has been taken up today, therefore the urgency application being I.A. No. 477/2023 has become infructuous and is disposed off as such.
Shri Alok Rai, Advocate has put in appearance on behalf of the respondent-Bank and submits that he has also filed the appeal Dy. No. 798/2023 on 24.06.2023 against the same order.
Learned counsel for the appellant contends that total outstanding amount is Rs. 60.00 lacs as per the calculation of the Bank and by way of interim order, the appellant was directed to deposit Rs. 60.00 lacs within two months in four equally installments, out of which three installments have been deposited, receipts of which shall be brought on record by the next date.
Issues for consideration
1 issue framed by the court
Whether the interim order directing deposit of outstanding amount remains valid after sale of secured property in SARFAESI proceedings.
Parties & counsel
- appellant
Satish Dawra
- respondent
Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090007492023
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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