Jameel Ahmad v. Bank of Baroda (Dena Bank)
Case brief
What is this about?
The single judge dismissed an appeal filed under section 18 of the SARFAESI Act, observing that as the securitization application was pending before the Tribunal, the appeal was disposed of with liberty to the appellant to seek redressal through an appropriate application within a week.
What did the court decide?
Liberty granted to the appellant to move an appropriate application before the Tribunal for redressal of grievances within a week.
Appeal Dy. No. 473/2025 Date: 06.05.2025
Jameel Ahmad Vs. Bank of Baroda
Present: Shri Abdul Majeed, 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 20.02.2025 passed by the Tribunal below in S.A. No. 1034/2024, wherein it has been observed that “the matter had been heard on application for condonation of delay regarding order dated 03.09.2024 passed by the ACJM in which pursuant the respondent-Bank likely to take physical possession of the property today and passing elaborate order this Tribunal has opined that the S.A. is barred by time and no cogent reason has been assigned to condone the delay”.
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 redressal of his grievances 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
Anupam
Issues for consideration
2 issues framed by the court
Whether an appeal against an interim order of the Tribunal stays the pending securitization proceedings or can be disposed of summarily.
Whether the appellant is granted liberty to move an application for redressal of grievances while the main appeal is stayed pending further orders.
Parties & counsel
- appellant
Jameel Ahmad
- respondent
Bank of Baroda
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090004732025
- Topic
- Banking and Recovery
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