State Bank of India v. Bhupendra Kumar
Case brief
What is this about?
This single-judge bench disposed of an appeal under Section 18 of the SARFAESI Act filed against an interim order granting relief. It held that since the securitization application was pending before the lower Tribunal, the appellant had an alternative remedy to file an appropriate application for redressal.
What did the court decide?
The appeal was finally disposed of on the ground that an alternative remedy was available before the Tribunal below.
Appeal Dy. No. 1422/2023 Date: 20.12.2023
State Bank of India Vs. Bhupendra Kumar
Present: Shri P. K. Srivastava, 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 17.10.2023 passed by the Tribunal below in S.A. No. 398/2023, whereby the interim relief has been granted, against which the present appeal has been filed by the appellant.
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
2 issues framed by the court
Whether the appellant has an alternative remedy pending before the Tribunal regarding the securitization application pending below.
Whether the interim order passed by the Tribunal can be challenged through an application rather than an appeal.
Parties & counsel
- appellant
State Bank of India
- respondent
Bhupendra Kumar
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090014222023
- Topic
- Banking and Recovery
All orders in this case
5 orders share this CNR
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