The Tribunal disposed of the appeal under Section 18 of the SARFAESI Act against an interim order regarding a pending Substantive Appeal, directing the appellant to file an application before the Tribunal below for redressal instead.
Appellant directed to file application before the Tribunal below within fortnight; no further relief granted.
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Appeal Dy. No. 427/2024 Date: 09.05.2024
SKM Contractor and Services Pvt. Ltd. Vs. R. B. Overseas & Anr.
Present: Shri Rachit Ranjan, 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 26.02.2024 passed by the Tribunal below in S.A. No. 407/2022, whereby the interim relief has been granted in favour of the S.A.applicant.
It is contended by the learned counsel for the appellant that the order impugned is in violation of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos. 5542-5543 of 2023-CELIR LLP Vs. Bafna Motors (Mumbai) Pvt. Ltd. & Ors, decided on 21.09.2023.
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 S.A. is still pending before the Tribunal below, therefore, there is remedy open to the appellant by filing appropriate application within fortnight from today 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 most expeditiously preferably within a month thereafter.
In view of the aforesaid, the present appeal is finally disposed off.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether section 18 appeal can be allowed when the Substantive Appeal is pending before the Tribunal.
Colour shows how this judgement treated each authority
CELIR LLP Vs. Bafna Motors (Mumbai) Pvt. Ltd. & OrsDistinguished¶6
Civil Appeal Nos. 5542-5543 of 2023-CELIR LLP Vs. Bafna Motors (Mumbai) Pvt. Ltd. & Ors
1 provisions across 1 enactments
SKM Contractor and Services Pvt. Ltd.
R. B. Overseas & Anr.
R. D. Khare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R. D. Khare
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