The Debt Recovery Appellate Tribunal disposed of an appeal challenging an interim order refusing stay. It directed the main appeal to be decided on merits and granted an interim stay on possession for one month.
Main appeal to be disposed of on merits; interim stay on possession granted for one month.
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DEBT .RECOVERY APPELLATE TR1BUNAL-MUMBAI (SITTING AT -CHENNAI)
Misc. Appeal No. 226/2024
Dated: 08.08.2025
This Appeal is filed against the interim order passed in S.A. No. 271/2024 on 20.08.2024 refusing to grant stay.
The S.A. is filed challenging the order passed in Section 14 of SARFAESI Act, 2002. The main S.A. is still pending. Since this Appeal is only against an interim order, this Tribunal is of the view that this Appeal may be disposed of directing Learned Presiding Office, to dispose of the main S.A.
Accordingly, the Appeal in Misc. Appeal No. 226/2024 is disposed of directing the parties to complete the pleadings within the period of two weeks from today, and thereafter, Learned Presiding Office, DRT-1I, Mumbai, to dispose of the main S.A. No.271/2024, on merits and accordance with law, as expeditiously as possible. All pending IAs, if any, stand closed. Both parties shall bear their own costs.
There shall be an interim order of stay of taking of possession for a period of one month from today. Then, it is for Learned Presiding Officer to decide whether to extend the stay or not, on the basis of the exigency and need.
CHAIRPERSON, DRAT, CHENNAI (IN-CHARGE. DRAT, MUMBAI)
PAM
2 issues framed by the court
Whether an appeal against an interim order refusing stay can be disposed of by directing the main appeal to be decided on merits.
Whether an interim stay on possession should be granted pending the disposal of the main appeal.
1 provisions across 1 enactments
PHAIRPERSON, DRAT, CHENNAI (IN-CHARGE DRAT, MUMBAI)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
