Dismissed

Merchant Real Estate Pvt. Ltd. v. Smfg India Credit Company Ltd.

DRAT21 Jul 2025

Case brief

AI extract

What is this about?

In this matter, the DRAT disposed of a Miscellaneous Appeal filed against an adjudication order that it held was not appealable. The Tribunal directed the Learned Presiding Officer of the DRT to dispose of the main Second Appeal on merits.

What did the court decide?

Misc. Appeal No. 1709/2024 disposed of; direction to Learned Presiding Officer, DRT, Mumbai to dispose of S.A. No. 165/2023 expeditiously on merits.

Merchant Real Estate Pvt. Ltd. versus Smfg India Credit… — Banking and Recovery | DRAT (2025)

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:Dated: 21.07_.2025 The matter is taken up for hearing by way of a .Praecipe . ifiled by the;Respohdent Institution fonsceking urgent relief.. DEBT RECOVERY APPELLATE'TRI0UNAL*'MUMBAi (SlTriNGAT-CHENNAI) Misc. Appeal Dy No. .1709/2024
List this matter on .1 l/.06//2d24.n. Learned Counsel for Respondent Institution, submitted that. /thc-PefitionerMppcllant is’ not.taking.ahy step to regularize the acepunt'and settle1 the amount. This. Appeal, is filed chgdlehgirig the order passed by .Learned Presiding Officer; JDRT4, Mumbai, on 2.1.03.2024 whereby the Learned Presiding Officer /passed the following order;. ( . Learned Counsel Petitioncr/Appellant submitted that he. ■ has no objection for giving the direction to Learned Presiding Officer, DRT4, Mumbai to dispose of .the. main S.A. No. '165/2023. aLd. Counsel for the Respondent submits that ■Respondent Will proceed for taking .possession . afier gwihg'. 10 days.prior notice, to the^App'licgnt: As despite several opportunity ihe^Appiiaant ts fail to regularise the account or settle the account. In the said circumstances, this .Tribunal'is pf the view that f .since ‘this- Appeal is filed’ only iagainst. adjudication order dated 21.03.2024, and moreover, this adjudication, order is not appealable order at all, there1 is nb need to keep this. Appeal pending. Therefore, this Appeal is disposed of giving the’direction to the Learned.Presiding Officer, ERT-l, Mumbai to dispose of SA No. 165/2023, on merits and in accordance with law, as expeditiously as possible.

:Dated: 21.07_.2025
The matter is taken up for hearing by way of a .Praecipe
. ifiled by the;Respohdent Institution fonsceking urgent relief..
DEBT RECOVERY APPELLATE'TRI0UNAL*'MUMBAi
(SlTriNGAT-CHENNAI)
Misc. Appeal Dy No. .1709/2024

List this matter on .1 l/.06//2d24.n.
Learned Counsel for Respondent Institution, submitted that.
/thc-PefitionerMppcllant is’ not.taking.ahy step to regularize the
acepunt'and settle1 the amount.
This. Appeal, is filed chgdlehgirig the order passed by
.Learned Presiding Officer; JDRT4, Mumbai, on 2.1.03.2024
whereby the Learned Presiding Officer /passed the following order;.
( . Learned Counsel Petitioncr/Appellant submitted that he.
■ has no objection for giving the direction to Learned Presiding
Officer, DRT4, Mumbai to dispose of .the. main S.A. No.
'165/2023.
aLd. Counsel for the Respondent submits that
■Respondent Will proceed for taking .possession
. afier gwihg'. 10 days.prior notice, to the^App'licgnt:
As despite several opportunity ihe^Appiiaant ts fail
to regularise the account or settle the account.
In the said circumstances, this .Tribunal'is pf the view that
f .since **‘this- **Appeal is filed’ only **iagainst. **adjudication order dated
21.03.2024, and moreover, this adjudication, order is not
appealable order **at **all, there1 is nb need to keep this. Appeal
pending. Therefore, this Appeal is disposed of giving the’direction
to the Learned.Presiding Officer, ERT-l, Mumbai to dispose of SA
No. 165/2023, on merits and in accordance with law, as
expeditiously as possible.

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	Accordinglyj Appeal in Wise.	Appeal Dy; 1709/2024- is
dispos	ed of. All pending IAs, if any s	tand closed. No order as, to
costs.
PAM		CHAIRPERSON, DRAT. CHENNAI (IN-CHARGE. DRAT, MUMBAI)

Merchant Real Estate Pvt. Ltd. v. Smfg India Credit Company Ltd.

Case brief

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Merchant Real Estate Pvt. Ltd. v. Smfg India Credit Company Ltd.

Case brief

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