Dismissed
Aaran Realties Private Limited v. Cfm Asset Reconstruction Private Limited
DRATIA/404/2025
What the court decided
AI extract
Outcome
Dismissed
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Misc. Appeal Dy. No. 996/2025 Dated: 18.07.2025 DEBT RECOVERY APPELLATE TRIBUNAL-MUMBAI In (SITTING AT -CHENNAI) I.A. No. 404/2025(WoD)
The matter is taken up for hearing by way of a Praecipe required under Section 18(1) of the SARFAESI Act, 2002, for filed by the Petitioners/Appellants for seeking urgent relief. entertaining the Appeal. This Application is filed seeking waiver of statutory deposit
was filed. of Demand Notice issued under Section 13(2), Possession Notice passed by Learned Presiding Officer filed under Section 14 of the the measures taken under SARFAESI Act starting from issuance Learned Counsel for Petitioners/Appellants submitted that issued under Section 13(4), Sale Notice and ultimately orders hearing in S.A. No. 167/2022 from 22.07.2025 to 23.06.2025. SARFAESI Act. They filed I.A. No. 680/2025 for preponing the possession of the property in question to the auction purchaser, the Petitioners/Appellants filed S.A. No. 167/2022 challenging the property in question, however it will not handover physical The reason for filing Preponement Application was that the Tribunal by its order dated 13.06.2025 disposed of the interim relief prayer with a direction that "the Respondent ARC may proceed in accordance with law in taking physical possession of during the pendency of the SA or till further order, whichever is 4. In the said circumstances, the Application for Preponement earlier in order to avoid multiplicity of proceedings". However, the order executed conveyance deed in favour of Respondent No. Respondent No. 1 on the very same date after pronouncement of
matter. Therefore, I.A. No. 680/2025 was rejected. Against this day-to-day basis, it is not possible to fix an early date of this case already fixed in the board and fresh matters being filed on order, this Appeal is filed along with Waiver Application. Petitioners/Appellants has already been disposed of on fixed on 22.07.2025 and the prayer for interim relief made by the 13.06.2025. In view of the number of urgent cases listed and Court Master recorded that the regular date of hearing is already Learned Presiding Officer on the information 'supplied by
opposes this Waiver Application. Learned Counsel for Respondent No.1 ARC strongly
Petitioner/Appellant that after the property has already been sold When this Tribunal queried Learned Counsel for the and possession has been taken, whether Learned Counsel for Petitioners/Appellants still pressing the Waiver Application from making pre-deposit and entertaining the Appeal.
At this juncture, Learned Counsel for Officer may be directed to take this matter on 22.07.2025, the withdrawal of this Appeal with a plea that Learned Presiding Petitioners/Appellants seeks permission of this Tribunal for original date of hearing.
Officer, DRT-I, Ahmedabad, to take up the matter on 22.07.2025, an appropriate order. All pending IAs, if any, stand closed. the original date of hearing, and make an earnest effort and pass withdrawn. However, this Tribunal directs the Learned Presiding In the said circumstances, this Appeal is dismissed as
CHAIRPERSON, DRAT, CHENNAI (IN-CHARGE, DRAT, MUMBAI)
PAM
As recorded by the court registry
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