Smt. Manbhawati Devi v. Punjab National Bank
Case brief
What is this about?
An appeal under Section 18 of the SARFAESI Act against an interim order refusing stay on possession of secured assets was filed. Finding no legal infirmity, the appeal was dismissed without substantive hearing on merits.
What did the court decide?
Appeal dismissed; direction to DRT Allahabad to decide S.A. No. 412/2023 within three months.
What the court decided
Appeal Dy. No. 862/2023 Date: 14.07.2023
Smt. Manbhawati Devi Vs. Punjab National Bank
Present: Shri Rakesh Mishra, counsel for 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 20.06.2023 passed by the DRT, Allahabad in S.A. No. 412/2023.
The report of the Registrar dated 11.07.2023 shows that the urgency application being I.A. No. 538/2023, stay application being I.A. no. 537/2023, waiver application being I.A. no. 536/2023 and stay application being I.A. No. 537/2023 have been filed.
Since the matter has been taken up today, therefore the urgency application being I.A. No. 538/2023 has become infructuous and is disposed off as such.
By the order impugned, the Tribunal below has refused to grant the stay order with regard to the possession of the secured asset.
After hearing the learned counsel for the appellant, this Tribunal finds no legal infirmity in the impugned order passed by the Tribunal below, which may warrant any interference by this Appellate Tribunal. Accordingly, the appeal is finally disposed off with direction upon the Presiding Officer, DRT, Allahabad to consider and decide the S.A. No. 412/2023 in accordance with law most expeditiously, preferably within three months from the date of production of certified copy of this order.
Issues for consideration
1 issue framed by the court
Whether the interim order refusing stay on possession of secured asset needs to be modified on appeal.
Parties & counsel
- appellant
Smt. Manbhawati Devi
- respondent
Punjab National Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 091090008622023
- 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
Similar cases
Judgements on the same questions, provisions and authorities, from every court