Canara bank v. Anil Golait
Case brief
What is this about?
The tribunal disposed of an appeal filed by a bank against an interim order. The court held that since the securitization application is pending, the appellant has an open remedy to file an appropriate application before the Tribunal below for redressal, rendering the present appeal unnecessary.
What did the court decide?
The appeal is finally disposed off as the remedy is open by filing an appropriate application before the Tribunal below.
Appeal Dy. No. 221/2024 Date: 16.02.2024
Canara Bank Vs. Anil Golait
Present: Shri Maneesh Mehrotra, 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 10.01.2024 passed by the Tribunal below in S.A. No. 192/2023, by which the amendment application of the S.A.-applicant was dismissed, but the stay has been extended, against which the present appeal has been filed by the appellant-Bank.
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 the appeal against the interim order should be decided or remanded for an appropriate application pending before the Tribunal.
Whether the cure of defect by filing appropriate application for redressal is available to the appellant.
Parties & counsel
- appellant
Canara Bank
- respondent
Anil Golait
Coram
R. D. Khare
Case details
As recorded by the court registry
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