Shyama Devi and 2 Ors. v. Bank of Baroda and Anr.

Appeal Dy. No. 1048/2024 Date: 08.11.2024

Shyama Devi and 2 Ors. Vs. Bank of Baroda and Anr.

Present: Shri Abhishek along with Shri Ajay Kumar Verma, counsel for the appellants, Shri Maneesh Mehrotra, counsel for the respondent-Bank, Shri Himanshu Tiwari, counsel for the respondent-Auction Purchaser,

Heard the learned counsel for the appellants on the urgency application being I.A. No. 1061/2024.

Since the matter has been taken up today, therefore the urgency application being I.A. No. 1061/2024 has become infructuous and is disposed off as such.

Learned counsel for the appellant submits that the Bank is pressing hard for removal of goods and articles within seven days, which is lying in the property in question, therefore, the interest of the appellant may be protected.

Learned counsel for the appellants also submits that a direction may be issued to the Tribunal below to decide the pending S.A. No. 144/2023 within the time as stipulated by this Tribunal.

After hearing the learned counsels for the parties 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 appellants by filing appropriate application for redressal of his grievances before the Tribunal below. If such application is filed, this Tribunal has no doubt that the Tribunal below shall consider and decide the same in accordance with law on the same day or within a week