Deepti Tyagi and Anr. v. Union Bank of India
Case brief
What is this about?
An appeal under Section 18 of the SARFAESI Act against an interim order fixing a hearing date. The court directed the Tribunal to expeditiously decide the pending stay application.
What did the court decide?
Directed the Tribunal below to consider and decide the pending stay application most expeditiously, preferably on the date fixed.
What the court decided
Appeal Dy. No. 578/2025 Date: 21.04.2025
Deepti Tyagi & Anr. Vs. Union Bank of India
Present: Shri Gautam Kumar, counsel for the appellants,
Heard the learned counsel for the appellants.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 03.04.2025 passed by the Tribunal below in S.A. No. 975/2023.
Learned counsel for the appellant submits that vide order impugned, only date has been fixed along with another S.A. No. 573/2023, which has been fixed for 22.04.2025, but the stay application has not been decided by the Tribunal below, therefore, a direction may be issued to the Tribunal below to decide the same most expeditiously.
After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, the present appeal stands disposed off with direction upon the Tribunal below to consider and decide the stay application, which is stated to be pending, in accordance with law most expeditiously, preferably on the date fixed.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
2 issues framed by the court
Whether the Tribunal should be directed to decide the pending stay application expeditiously in an appeal filed under Section 18 of the SARFAESI Act against an interim order fixing a hearing date.
Whether the non-adjudication of a stay application alongside an interim order fixing a hearing date warrants a direction to the Tribunal to decide it.
Parties & counsel
- appellant
Deepti Tyagi & Anr.
- respondent
Union Bank of India
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 091090005782025
- Topic
- Banking and Recovery
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