Smt. Sunita Devi v. State Bank of India
Case brief
What is this about?
This order is a listing for a miscellaneous appeal under Section 18 of the SARFAESI Act. The court noted that the appeal may not be maintainable against the rejection of interim relief and listed the case for argument on maintainability and waiver of pre-deposit.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBT RECOVERY APPELLATE TRIBUNAL - ALLAHABAD
Dy. No. 1288/2023
Smt. Sunita Devi V/S STATE BANK OF INDIA
Date: 10/10/2023
Ld. Counsel for the appellant, Sh. Vinod Kumar Pandey is present.
Ld. Counsel for the respondent, Sh. Abhishek Kapariya is present and submits his vakalatnama.
Ld. Counsel mentioned Pin code in address and particulars of Court fee at para 10 of the memo.
Ld. Counsel also submits affidavit in support of Stay Application and corrected the Format of the appeal.
The Present Misc Appeal itself is not maintainable against the order impugned by which interim relief of the appeal has been rejected by the Tribunal below.
However, the Ld. Counsel for the appellant insists that the said appeal may be placed before the Hon’ble Court for argument on the aforesaid point as pre-deposit.
The present Misc. Appeal is filed u/s 18 of the SARFAESI Act, 2002 against the Interim Order dated 26.09.2023 passed in S.A. No. 619/223 by DRT, Allahabad. Stay Application (I.A. No. 810/2023) and Urgency Application (I.A. No. 811/2023) filed.
Issues for consideration
2 issues framed by the court
Whether the present miscellaneous appeal is maintainable against an order rejecting interim relief.
Whether the appellant is required to make a pre-deposit to argue maintainability.
Parties & counsel
- appellant
Smt. Sunita Devi
- respondent
STATE BANK OF INDIA
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · October
- CNR
- 091090012882023
- Topic
- Banking and Recovery
All orders in this case
4 orders share this CNR
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