Udai Bir v. Noble Co. Opretive Bank Ltd.

Appeal Dy. No. 124/2022 Dated : 14.07.2023

Udai Bir Vs. Noble Cooperative Bank Ltd.

Present: Shri Harsh Chopra, counsel for the appellant, Shri V.K. Dixit, counsel for the respondent-Bank,

Heard the learned counsels for the parties on the application filed by the respondent-Bank against the maintainability of the present appeal.

Learned counsel for the respondent-Bank (applicant in the present application) submits that he has filed the present application regarding maintainability of the appeal on the grounds that the S.A. filed by the appellant (in the present appeal) was barred by limitation and the same was dismissed on this ground alone vide order impugned in the present appeal, the present appeal filed under section 18 of the SARFAESI Act against the said order before this Tribunal is also barred by time, the appellant has not complied with the mandatory requirements of pre-deposit as stipulated under the said Act and the representation under section 13(3-A) against the demand notice under section 13(2) of the SARFAESI Act was also not filed by the appellant. The learned counsel further submits that as per settled proposition of law as laid down by the Hon’ble Apex Court, the present appeal is not maintainable.

Learned counsel for the appellant submits that an ex-parte order was passed against the appellant by the ADM, G.B. Nagar, Gautambudh Nagar on 22.11.2018 on the application of the Bank under section 14 of the SARFAESI Act, which was not served upon the appellant. When the respondent-Bank came to take possession of the property in question on 22.01.2019, then they came to know about the order passed by the ADM on the application under section 14. Thereafter, the S.A. was filed

before the Tribunal below. The learned counsel further submits that the Tribunal below passed the order impugned holding that since the day to day delay has not been explained, therefore, the S.A. was dismissed being barred by time.