In an earlier appeal, the DRT disposal was expedited with the condition that the DRT Pune act untrammelled by an interlocutory order. No direct court action was taken on the current diary-matter request.
Direction to Debts Recovery Tribunal Pune to expedite disposal of the related S.A. untrammelled by the interlocutory order.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson I.A. No.616/2024 (WoD)
In
Appeal on Diary No.1780/2024
Between
Bhaktaraj Raghunath Thigale … Appellant/s V/s. State Bank of India & Anr. …Respondent/s
An advocate appeared for the Appellant.
The matter is taken up for hearing by way of a praecipe filed by the Appellants for seeking urgent relief.
The appellant has preferred the appeal over the dismissal of I.A. No.1947/2024 in S.A. on Diary No.1741/2024 on the files of the Debts Recovery Tribunal, Pune declining to grant any protection against the taking over of possession of the subject property by the respondent bank for recovery of debt allegedly due from the appellant under the provisions of the SARFAESI Act. The Ld. Counsel appearing for the appellant submits that consequent to the dismissal of the I.A., the physical possession of the subject property has already been taken by the bank and therefore, I find that no purpose will be served by maintaining this appeal which can only be entertained after the appellant complies with the mandatory provisions of making a pre-deposit u/s 18(1). Since the appeal can only be entertained after the appellant deposits 50% of the debt due,
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it is suggested that the Ld. Counsel appearing for the appellant that the S.A. itself be disposed of on merits and if the appellant succeeds, he can also get the possession of the property restored under the provisions of Section 17(3) of the SARFAESI Act. The Ld. Counsel fairly cedes to the suggestion made by the Tribunal and hence, the appeal is disposed of with the direction to the D.R.T. Pune to expedite the disposal of the S.A. untrammelled by whatever is observed in the interlocutory order.
Sd/Chairperson
Nidhi-04
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1 issue framed by the court
Whether an appeal pending before the DRT can be entertained immediately or only after the appellant makes a mandatory pre-deposit under Section 18(1) of the SARFAESI Act.
2 provisions across 1 enactments
Bhaktaraj Raghunath Thigale
State Bank of India
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
