Au Small Finance Bank Limited v. Singhraj Bhati and Anr.
Case brief
What is this about?
The court disposed of an appeal under Section 18 of the SARFAESI Act against a DRT interim order. It directed the DRT to decide the pending appeal regarding possession notices expeditiously, preferably within two months.
What did the court decide?
Direction to the Presiding Officer, DRT, Lucknow to consider and decide the pending S.A. No. 361/2023 most expeditiously, preferably within two months.
What the court decided
Appeal Dy. No. 832/2024 Date: 19.09.2024
Small Finance Bank Ltd. Vs. Singhraj Bhati & Anr.
Present: Shri S. D. Sahai, counsel for the appellant, Shri Satyajit Mukherji along with Shri Mudit Agnihotri, counsels for the respondents,
Heard the learned counsels for the parties.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 29.04.2024 passed by the DRT, Lucknow in S.A. No. 361/2023 regarding maintaining the status quo qua the secured asset.
Learned counsel for the appellant has drawn attention of this Court to the impugned order and stated that in the operative part of the order impugned, it is held that there are two possession notices of dated 07.04.2022 and 22.8.2022 for the loan account no. L9001060713239292 and there is no demand notice and possession notice for the loan account no. L9001060814556577, which are incorrect as per the documents on record.
Learned counsel for the appellant contends that a direction may be issued to the Tribunal below to decide the matter most expeditiously as per the documents available on record, which has not been controverted by the counsel for the respondents.
In view of the above, the present appeal stands disposed off with direction upon the Presiding Officer, DRT, Lucknow to consider and decide the S.A. No. 361/2023, which is stated to be pending, in accordance with law, most expeditiously, preferably on the next date fixed or within two months from the date of production of certified copy of this order.
Issues for consideration
1 issue framed by the court
Whether the DRT, Lucknow should be directed to expeditiously decide the pending appeal regarding possession notices.
Parties & counsel
- appellant
Small Finance Bank Ltd.
- respondent
Singhraj Bhati
- respondent
Anr.
Coram
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · September
- CNR
- 091090008322024
- Topic
- Banking and Recovery
All orders in this case
2 orders share this CNR
- Order 1 — this page · Rajesh Dayal Khare
- Order 2 · Rajesh Dayal Khare
Similar cases
Judgements on the same questions, provisions and authorities, from every court