Abhinav Education Society v. Bank of Baroda

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson

I.A. No. 833/2024 (WoD) In

Misc. Appeal on Diary No. 2472/2024

Between

Abhinav Education Society & Ors. … Appellant/s

V/s.

Bank of Baroda …Respondent/s

Mr Yogesh K. Deshpande, Advocate for Appellants. Mr U.N. Fuladi along with Mr S.N. Fuladi, Advocates for Respondent.

This is an application challenging the order dated 22.10.2024 dismissing I.A. No. 2672/2024 in Securitisation Application No. 167/2019 (S.A.) on the files of Debts Recovery Tribunal, Pune (D.R.T.) concerning the Sarfaesi measures initiated by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”, for short) for recovery of the debt allegedly due by the appellants.

The appellants were facing the threat of being dispossessed from the secured asset on 22.10.2024. However, even consequent to the dismissal of this application for protection, the possession was not taken on that date and now it appears that a fresh notice of dispossession dated 23.10.2024 has been issued by the Tehsildar u/s 14 of the SARFAESI Act intending to take possession on 11.12.2024.