Brijesh Singh v. Bank of Baroda
Case brief
What is this about?
The Court disposed of an appeal under Section 18 of the SARFAESI Act challenging an interim order. The sale was pending before the Tribunal. The Court dismissed the appeal finally but granted liberty to move an application for modification to the Tribunal below within one week.
What did the court decide?
Appeal finally disposed with liberty to move an application for modification of the impugned order within one week for consideration within 15 days.
Appeal Dy. No. 676/2025 Date: 06.05.2025
Brijesh Singh Vs. Bank of Baroda
Present: Shri Alok Rai, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondent-Bank,
Heard the learned counsels for the parties.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 28.03.2025 passed by the Tribunal below in S.A. No. 648/2023, whereby the prayer for interim relief has been declined and the respondent-Bank has given opportunity to issue sale certificate in favour of the auction purchaser and sale process including sale certificate, if issued, shall be subject to outcome of the S.A.
Learned counsel for the appellant submits that the matter is already fixed for sale on 08.05.2025, therefore, he prays that the matter may be considered and decided preferably before 08.05.2025 or interim application may be considered by the Tribunal below, in case further time is required to decide the same.
Be that as it may, since the securitization application is pending before the Tribunal below, therefore, the present appeal stands disposed off finally with liberty to the appellant to move an appropriate application for modification of the order impugned 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 within 15 days thereafter.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether to dispose of the appeal challenging the interim order declining relief regarding the sale process pending securitization application.
Parties & counsel
- appellant
Brijesh Singh
- respondent
Bank of Baroda
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090006762025
- Topic
- Banking and Recovery
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