The Bench observed that the Special Appeal was maintainable as no action under Sections 13(4) or 14 of the SARFAESI Act was challenged. The Applicants were granted liberty to withdraw the current appeal and file a fresh one.
Prayer to withdraw the Special Appeal with liberty to file a fresh SA was allowed.
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.
PAGE No.
CONTD. ORDER-SHEET
CASE No.
| DATE | DESCRIPTIONOFTHE ORDER | REMARK |
|---|---|---|
| sA52t24 13t02t24 |
Mrs. AkanshaSahu,AdvfortheApplicant ShriUditMandiretta,AdvfortheIiespondenr No.l |
|
| l.Matteristakenupfbrhearing No.l62124applicationforstayin operationofsymbolicpossession. 2.ReplytoSAaswellasinterimapplication hasalreadybeenfiled. onIA gthe 3.Onmatter being takenRespondent Counsel primarilyobjectedabout maintainabilityof this SAbyinvitingattentiononreliel.cause apprisedthatApplicants havenotchallenged 11..9r!:rpassedbytheADMBhopatdaied 28109120though haveannexedthece(ified copyoforder. 4. Respondent Counselfurthersubmits thatthe Applicantshavechallengedthepossession noticeissuedbytheTehsildarColiarBhopal dated20/11123 taggedat page-49ofSA which hasalreadygotinfrustoussincedatefortaking possessionhasalreadybeenlapsed. 5.Onobjectionperusalol'recorditrcveals that theApplicantshave prayedonlytoset asidethenotice dated20111123undfo,o directiontoRespondenttoprovideessential documentasmain relief. 6.On perusalofreliefclauseofApplicantsit revealsthat no actiontakenbytheRespondent F.lu/sl3(4)ofthesarfaesi act andseitionI4 |
PAGE No
CONTD. ORDER.SHEET
CASE No
| DATE | DESCRIPTIONOFTHE OROER | REMARK |
|---|---|---|
| ofthesarfaesiactare challenged through nor anyreliefforthesameprayed for. |
A | |
| 7.InopinionofthisBenchthisSAisr maintainablesincenoactionL/sl3(4)a sectionl4ol'thesarlaesiactarc challenged. |
ot nd |
|
| 8.Atthis pointofrime ApplicantCoun praysliberty towithdrawthisSAwithliber tofilefresh. |
el | |
| 9. PrayerforApplicantsideisalloweclsubjr toliberry tofilefresh SA. |
Ct | |
| 10.Howeveritismadeclear thatpoint limitation beinvolved thenfirstBenchshi decideinfresh SA. |
I ll |
|
| Il.WiththisobservationSAis disposedofr withdrawn. |
||
| 12.Recordbeconsignedto erecord room. (Ram asPatel) Officer Presidin D.R.T,Jabalpur (M.P&C.C) |
2 issues framed by the court
Whether the Special Appeal was maintainable despite no action challenging the impugned order under Sections 13(4) and 14 of the SARFAESI Act.
Whether leave to withdraw the Special Appeal with liberty to file a fresh appeal was granted.
2 provisions across 1 enactments
Applicant
Respondent
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
