In this interim order, the appellate court dismissed the appeal against an interim order regarding the maintainability of an arbitration application on grounds of limitation, holding that entertaining the appeal was not justifiable while the main matter was pending before the DRT.
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Appeal Dy. No. 1140/2022 Date: 03.01.2023
Saurabh Kalani Vs. Stressed Assets Stabilization Fund & Ors. Present: Shri Akshat Agrawal, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 20 of the RDB Act against an interim order dated 18.11.2022 passed by the DRT, Jabalpur in O.A. No. 729/2016. By way of the said interim order, the prayer made by the appellant regarding non maintainability of the said O.A. on the ground of limitation has been turned down by the Tribunal below for the reasons stated in the impugned order itself. However, it shall be open for the appellant to raise his contentions/grievances, whatever he has, with regard to the maintainability of the O.A. in view of the limitation. If any such application is filed by the appellant before the Tribunal below, the same shall be considered at the time of the final hearing of the said O.A., therefore, the entertaining of the present appeal at this stage is not justifiable when the matter is pending before the Tribunal below and all the issues are yet to be adjudicated on merits. Accordingly, the present appeal is disposed off.
Justice R. D. Khare Chairperson
Anupam
1 provisions across 1 enactments
Saurabh Kalani
Stressed Assets Stabilization Fund & Ors.
Justice R. D. Khare
As recorded by the court registry
2 orders share this CNR
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