Jameel Ahmad v. Bank of Baroda and Anr.

Appeal Dy. No. 73/2025 Date: 18.02.2025

Jameel Ahmad Vs. Bank of Baroda & Anr.

Present: Shri Abdul Majeed, counsel for the appellant, Shri Maneesh Mehrotra, counsel for the respondent-Bank,

Since the matter has been taken up today on the urgency application being I.A. No. 131/2025, therefore, the same has become infructuous and is disposed off as such.

Heard the learned counsels for the parties.

Learned counsel for the appellant submits that the Bank is going to take physical possession of the property in question on 20.02.2025, therefore, the interest of the appellant may be protected.

Learned counsel for the respondent-Bank submits that as the securitization application is still pending consideration before the Tribunal below and the notice dated 30.01.2025 issued by the Bank is a fresh cause of action, therefore, the same cannot be permitted to be challenged directly before this Appellate Tribunal. Thus, the appellant has remedy open to challenge the notice for possession before the Tribunal below.

After hearing the learned counsels for the parties and considering the facts and circumstances of the case and the fact that the securitization application is still pending before the Tribunal below, the present appeal stands disposed off finally with liberty to the appellant to move an appropriate application for redressal of his grievances before the Tribunal below. In case the appellant files such application before the Tribunal below, the same shall be considered and decided preferably on the same day or before the date fixed for taking possession of the property in question.