Sukhbeer Singh v. Canara Bank and Ors.
Case brief
What is this about?
Appellant filed appeal under Section 18 of SARFAESI Act against dismissal of interim relief in a pending stay application before the Tribunal. Court remanded matter to Tribunal below for decision within three months and extended existing interim order.
What did the court decide?
Appeal disposed of with direction to Tribunal to decide S.A. No. 404/2021 within three months; interim order dated 03.03.2023 remains operative.
Appeal Dy. No. 516/2022 Date: 08.12.2023
Sukhbeer Singh Vs. Canara Bank & Ors.
Present: Shri Harsh Chopra, counsel for the appellant, Shri A. K. Pal, counsel for the respondent-bank,
Heard the learned counsels for the parties.
The present appeal has been filed under section 18 of the SARFAESI Act against the order dated 01.08.2022 passed by the Debts Recovery Tribunal, Lucknow in S.A. No. 404/2021, whereby the I.A. No. 1272/2022 filed by the S.A.-applicant for grant of interim relief against the order dated 16.02.2022 passed by the District Magistrate has been dismissed being devoid of merits.
Learned counsel for the respondent-Bank states that the S.A. is still pending consideration before the Tribunal below and the present appeal has only been filed for grant of interim relief against the order passed by the District Magistrate. It is thus prayed that the matter may be remanded back to the Tribunal below with direction to consider and decide the S.A. within a particular time frame and till then the status quo order passed by this Tribunal vide order dated 03.03.2023 may continue.
Learned counsel for the appellant does not object to the submission as made by the learned counsel for the respondent-bank.
In view of the above, the appeal is finally disposed off with direction to the Tribunal below to consider and decide the S.A. No. 404/2021 in accordance with law most expeditiously preferably within three months from the date of production of
Issues for consideration
1 issue framed by the court
Whether the appeal against the dismissal of interim relief should be remanded to the Tribunal below for expeditious disposal while maintaining the status quo order.
Parties & counsel
- appellant
Sukhbeer Singh
- respondent
Canara Bank
Coram
Justice R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · December
- CNR
- 091090005162022
- Topic
- Corruption
All orders in this case
14 orders share this CNR
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