This court dismissed an appeal filed under section 18 of the SARFAESI Act against an interim order rejecting an amendment application. The court observed that since the securitization application was pending before the lower Tribunal, the appeal was not the appropriate remedy and was finally disposed of.
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Appeal Dy. No. 1767/2024 Date: 18.03.2025
Mukesh Kumar Jat Vs. Capri Global Housing Finance Limited Present: Shri K. K. Tiwari, counsel for the appellant,
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 14.10.2024 passed by the Tribunal below in S.A. No. 35/2024, whereby the amendment application filed by the appellant has been rejected.
After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, this court is of the opinion that since the securitization application is still pending before the Tribunal below, therefore, there is remedy open to the appellant by filing appropriate application for redressal of his grievances before the Tribunal below against the interim order. If such application is filed before the Tribunal below, this Tribunal has no doubt that the Tribunal below shall consider and decide the same in accordance with law most expeditiously preferably on the same day or within a week thereafter.
In view of the aforesaid, the present appeal is finally disposed off.
Justice R. D. Khare Chairperson
Anupam
1 issue framed by the court
Whether the present appeal against the Tribunal's interim order should be allowed or dismissed as the secritisation application remains pending before the lower Tribunal.
1 provisions across 1 enactments
Mukesh Kumar Jat
Capri Global Housing Finance Limited
R. D. Khare
Anupam
As recorded by the court registry
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