Moloy Kumar Baugh v. Bank of India
Case brief
What is this about?
This court heard an application for stay and an application for amendment regarding a possession order passed by the DMD under the SARFAESI Act. The matter was reserved for order after hearing the counsels, and the status quo was maintained pending the final order.
What the court decided
A compact analysis
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.
CONTD. ORDER.SHEET
PAGE No.
CASE No
| DATE | DESCRIPTION OF THE ORDER | REMARK | |
|---|---|---|---|
| sA94sl2 0st0u24 |
ShriDineshTripathi,AdvfortheApplicant ShriKapilDuggal,Adv fortheRespond Bankjoinvirtually Shri AmanJain,Advalsoappearedonbeh ofRespondent-Bank |
tf t |
|
| LMatteristakenuPforhearing applicationforgrantofstayIANo'10124da 0ll0ll24and applicationforamendment No.l l/24. |
n d A |
||
| 2.RespondentCounselisagreetoargue both theapplicationsorallysincereply tom SAhasalreadybeenfiled. 3.Boththecounselsheard' 4.Atthe veryoutsetRespondent Counsel invitingattentiononpossessionnoticeAnn 3dated31110122raisedanobjection thatS challenge thepossessionnoticeistimebar andno applicationforcondonationofdela filedthereforethis SAcannot be considered 5. RespondentCounselfurthersubmits that SAcanbeheardPartiallYregard challengingtheorderpassedbytheDMD sincepartiallySAistimebaned. p 6.InreplyApplicantCounselstrbmits that ossessionnoticeeverservedtotheAppli therefore Applicantshavingnoknowle about thepossessionnoticedated3lll0l22' 7.ApPlicantCounselfurthersubmitstha challengetheorderdated24108123Passed |
lt in to d IS ng rg v no nt ge to by no |
PAGE No
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Issues for consideration
3 issues framed by the court
Whether the application for stay and amendment under SARFAESI Act is time barred or not.
Whether the objection regarding expiry of lease on the mortgaged property is valid.
Whether the prayer for interim protection against the possession order should be granted.
Parties & counsel
- applicant
Applicant
- respondent
Respondent-Bank
Coram
Ram Niwas Patel
Case details
As recorded by the court registry
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