Juhi Aslam v. Bank of Baroda

Appeal Dy. No. 1204/2024 Date: 17.09.2024

Juhi Aslam Vs. Bank of Baroda

Present: Shri A. K. Srivastava, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondent-Bank,

Heard the learned counsels for the parties.

Learned counsel for the appellant submits that the present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 16.08.2024 passed by the Tribunal below in S.A. No. 415/2024.

It is contended by the learned counsel for the appellant that while rejecting the interim application, the finding recorded by the Tribunal below in the order impugned may affect the right of the appellant. It is further contended that the appellant is a legal heir of the owner of the property in question, who had created the mortgage over the same with the respondentBank. It is, therefore, prayed that the order impugned may be set aside and consequential action thereof directing the respondent-Bank not to initiate any coercive action pursuant to notice dated 22.08.2024 issued by the Tehsildar and e-auction notice dated 17.08.2024 issued by the respondentBank.

Learned counsel for the respondent-Bank submits that the securitization application is still pending consideration before the Tribunal below and all these points can be considered by the Tribunal below, therefore, it is prayed that the Tribunal below may be directed to decide the S.A. within the stipulated period.

After hearing the learned counsels for the parties and considering the facts and circumstances of the case, the present appeal stands disposed off with direction upon the Presiding Officer, DRT, Jabalpur to consider and decide the S.A. No. 415/2024, which is stated to be pending, in accordance with law, without being influenced by the finding recorded in the order impugned, most expeditiously, preferably within three months from the date of production of certified copy of this order.