Shri Indradev Choudhary v. Union Bank of India
Case brief
What is this about?
Appeal filed against interim order granting relief subject to deposit. Court held remedy lies in filing appropriate application in pending regular matter before Tribunal. Appeal disposed as result follows.
What the court decided
Appeal Dy. No. 1378/2023 Date: 07.11.2023
Shri Indradev Choudhary Vs. Union Bank of India
Present: Shri Vipul Pandey, counsel the appellant,
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 18.05.2023 passed by the Tribunal below in S.A. No. 121/2023, whereby the interim relief has been granted subject to deposit as indicated in the order impugned, against which the present appeal has been filed and the S.A. is still pending consideration before the DRT concerned.
After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, this court is of the opinion that since the securitization application is still pending before the Tribunal below, therefore, there is remedy open to the appellant by filing appropriate application for redressal of his grievances before the Tribunal below against the interim order. If such application is filed, this Tribunal has no doubt that the Tribunal below shall consider and decide the same in accordance with law most expeditiously.
In view of the aforesaid, the present appeal is finally disposed off.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether interim order passed by the Debts Recovery Tribunal is maintainable as appeal under Section 18 of SARFAESI Act if securitization application is pending before the Tribunal.
Parties & counsel
- appellant
Shri Indradev Choudhary
- respondent
Union Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090013782023
- Topic
- Banking and Recovery
All orders in this case
2 orders share this CNR
- Order 1 · LD Registrar
- Order 2 — this page · Rajesh Dayal Khare
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