This application sought to modify a final order to grant interim relief against a bank notice. The bench held that as the main appeal was already disposed of, the interim prayer could not be entertained, noting the remedy lies in the pending special appeal.
The misc. application stands disposed off.
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M.A. No. 88/2025 In Appeal Dy. No. 379/2025 Date: 04.06.2025
Universal Timber Corporation Vs. Bank of India
Present: Shri Archit Mandhyan, counsel for the appellant, Shri Arif Iqbal, counsel for the respondent-Bank,
Heard the learned counsels for the parties on the misc. application filed by the appellant.
Learned counsel for the appellant submits that the respondent-Bank has sent a letter dated 30.05.2025 through mail with request to take back the movable assets from the property in question within 7 days, therefore, it is prayed that the order dated 29.05.2025 passed by this Tribunal may be modified by granting the interim relief against the said letter.
Be that as it may, since the appeal filed by the appellant has already been decided by this Tribunal vide order dated 29.05.2025 with the liberty to the appellant to file appropriate application for redressal of his grievances before the Tribunal below, therefore, the aforesaid notice cannot be entertained by modifying the final order dated 29.05.2025 of this Tribunal, as there is remedy available to the appellant for seeking relief against the aforesaid notice dated 30.05.2025 in the pending S.A.
In view of the aforesaid, the present misc. application stands disposed off.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the interim relief prayer against the bank's notice can be granted by modifying the final order since the main appeal has already been decided?
Universal Timber Corporation
Bank of India
Shri Archit Mandhyan
Shri Arif Iqbal
Justice R. D. Khare
As recorded by the court registry
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