Manju Devi v. Canara Bank
Case brief
What is this about?
Appellant appealed against rejection of interim relief under SARFAESI Act. Since securitization application pending below, appeal disposed with liberty to seek redressal; status quo maintained if application filed.
What did the court decide?
Status quo maintained on property if appellant files appropriate application to Tribunal within a week.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Appeal Dy. No. 1740/2024 Date: 14.11.2024
Manju Devi Vs. Canara Bank
Present: Shri V. K. Shukla, counsel for the appellant, Shri K. K. Tiwari, counsel for the respondent-Bank,
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 18.09.2024 passed by the Tribunal below in S.A. No. 290/2023, whereby the interim relief has been rejected by the Tribunal below.
After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, since the securitization application is still pending before the Tribunal below, therefore, the present appeal stands disposed off finally with liberty to the appellant to move an appropriate application for redressal of his grievances within a week from today. In case the appellant files an appropriate application before the Tribunal below within the stipulated period, the same shall be considered and decided preferably on the same day or within a week thereafter. Till that time or disposal of the interim application, whichever is earlier, the status quo qua the property in question as it exists today shall be maintained by all the parties concerned.
However, it is made clear that if no application is filed by the appellant within the period as stipulated above, the aforesaid status quo order shall stand automatically vacated.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether the appeal filed under section 18 of the SARFAESI Act against the rejection of interim relief should be disposed of while the securitization application remains pending.
Parties & counsel
- appellant
Manju Devi
- respondent
Canara Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · November
- CNR
- 091090017402024
- Topic
- Banking and Recovery
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