Sudhanshu Dwivedi v. Indian Bank
Case brief
What is this about?
This appeal was filed against a Tribunal order rejecting a stay on property possession. The court disposed of the appeal, granting status quo of the property pending the hearing of a stay application before the Tribunal below and directing expedited disposal.
What did the court decide?
Status quo of the property maintained pending disposal of an interim application before the Tribunal below.
What the court decided
Appeal Dy. No. 560/2025 Date: 11.04.2025
Sudhanshu Dwivedi Vs. Indian Bank
Present: Shri Rakesh Mishra, counsel for the appellant, Shri A. K. Srivastava, counsel for the respondent-bank, Shri Ankesh Dubey, 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 07.04.2025 passed by the Tribunal below in S.A. No. 504/2023, whereby the stay application for staying the possession of the property in question has been rejected as stated in the order impugned.
After hearing the learned counsels for the parties and considering the facts and circumstances of the case, since the securitization application is still pending before the Tribunal below, therefore, 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 interim application before the Tribunal below within the stipulated period, the same shall be considered and decided preferably on the same day or within 10 days thereafter. Till that time or disposal of the interim application, whichever is earlier, the status quo qua the property in question as it exists today shall be maintained by all the parties concerned.
Justice R. D. Khare Chairperson
Anupam
Issues for consideration
1 issue framed by the court
Whether the appeal under section 18 of SARFAESI Act can be disposed of by granting status quo of the property pending a stay application before the Tribunal below.
Parties & counsel
- appellant
Sudhanshu Dwivedi
- respondent
Indian Bank
Coram
R. D. Khare
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · April
- CNR
- 091090005602025
- Topic
- Banking and Recovery
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