Sunil Sahani v. Piramal Capital
Case brief
What is this about?
This court disposed of an appeal filed under Section 18 of the SARFAESI Act. The appeal sought challenge to an interim order of the Tribunal below. The court held that since the securitization application is pending before the Tribunal, there is a remedy open to the appellant to file an application for redressal before the Tribunal below, rendering the present appeal unnecessary. Thus, the appeal
What did the court decide?
The appeal was finally disposed off without passing substantive order on merits as remedy remains open before the Tribunal below.
Appeal Dy. No. 1364/2023 Date: 01.11.2023
Sunil Sahani Vs. Piramal Capital
Present: Shri V. K. Shukla, 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 16.10.2023 passed by the Tribunal below in S.A. No. 388/2021, 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
2 issues framed by the court
Whether relief is available by way of appeal against the interim order passed by the Tribunal when the securitization application is still pending before the same Tribunal.
Whether the present appeal can be disposed of while a suitable remedy remains open before the competent authority.
Parties & counsel
- appellant
Sunil Sahani
- respondent
Piramal Capital
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090013642023
- Topic
- Arbitration
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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