The Debts Recovery Appellate Tribunal dismissed a composite application for interim relief seeking a stay on physical possession of property under the SARFAESI Act, finding no prima facie case or balance of convenience in the appellant's favor.
The interim application for stay on action under section 13(4) of the SARFAESI Act was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Justice Vivek Bharti Sharma, Chairperson
I.A. No. 330/2026 (Stay) In
Misc. Appeal No. 80/2026
Between
Mrs. Vanita Devendra Shrivastava & Ors. … Appellant/s V/s.
Bank of India & Ors. …Respondent/s
-: Order dated: 14/07/2026: -
Present:
Mr. M. G. Qubbawala, Advocate for the Appellant.
Mr. A. T. Purohit, Advocate for the Respondent No. 1/Bank, appeared through Video Conference.
Ms. Nivedita, Advocate for the Respondent Nos. 2, 3 & 4/Auction Purchaser.
Heard on the application I.A. No. 330/2026.
(i). That an interim application I.A. No. 652/2026 in Securitization Application No. 161/2024 was filed by the Appellant/Borrower for stay.
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(ii). That I.A. No. 652/2026 was dismissed by the Learned Lower Tribunal wide impugned order dated 15.04.2026.
Aggrieved from the same the Appellant/Borrower has preferred the present appeal in which present Interim Application I.A. No. 330/2026 has been filed for the ad-interim relief.
3. Heard.
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that the grounds taken in the present Interim Application before this Appellate Tribunal for the ad-interim injunctions were never taken, pleaded or argued before the Lower Tribunal therefore those cannot be raised for the first time in this Appellate Tribunal.
Even otherwise, the natural corollary of this argument is that if of one of the partners had received the demand notice, the service of that demand notice on one partner shall tantamount to the service of notice to all other partners and the partnership firms under the law.
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VKC-06
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2 issues framed by the court
Whether to grant interim stay on action under section 13(4) of the SARFAESI Act to restrain physical possession of the property.
Whether the appellant has established a prima facie case and balance of convenience favoring the grant of ad-interim injunction.
1 provisions across 1 enactments
Mrs. Vanita Devendra Shrivastava & Ors.
Bank of India & Ors.
Vivek Bharti Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
