State Bank of India v. Ms Baba Sons
Case brief
What is this about?
The court disposed of an appeal filed under Section 18 of the SARFAESI Act against an interim order staying possession handover to an auction purchaser, granting liberty to the appellant to approach the Tribunal for redressal.
What did the court decide?
Appeal disposed with liberty to the appellant to move an application to the Tribunal for grievance redressal.
What the court decided
Appeal Dy. No. 701/2025 Date: 06.05.2025
State Bank of India Vs. M/s Baba Sons
Present: Shri P. K. Srivastava, counsel for the appellant-Bank, Shri Abhishek Kapariya, counsel for the respondent-Auction Purchaser,
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 02.04.2025 passed by the Tribunal below in S.A. No. 407/2024, whereby the stay application filed by the borrower has been allowed and the Bank has been directed not to handover the physical possession of the property in question to the auction purchaser.
Learned counsel for the respondent-Auction purchaser submits that he will not create any third party interest over the property in question, if the possession is given.
Be that as it may, 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 on the same day or within 15 days thereafter.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether to allow the appeal by the Bank against the interim stay order on possession by the Tribunal.
Parties & counsel
- appellant
State Bank of India
- respondent
M/s Baba Sons
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · May
- CNR
- 091090007012025
- Topic
- Banking and Recovery
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