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Judgment
Ashok Menon, Chairperson
The matter is taken up for hearing by way of a praecipe filed by the appellants for seeking urgent relief.
The appellants are in appeal impugning the dismissal of the Interlocutory Application (I.A.) No. 1869 of 2024 in Securitisation Application (S.A.) No. 246 of 2024 by the Debts Recovery Tribunal, Nagpur(D.R.T.) by a cryptic and non-speaking order refusing to grant any protection to the appellants without going into the merits of the case. The appellants had raised numerous contentions in their challenge to the Sarfaesi action but apart from the narration of rival pleadings of the parties, there is no fruitful discussion about the reasons why the I.A. was dismissed.
The Ld. Counsel appearing for the respondent bank submits that the possession is scheduled for tomorrow i.e. on 17.10.2024 and that the matter can be remanded for consideration of the issues once again.
Since the appellant will have to comply with the mandatory provisions of the pre-deposit under Sec. 18(1), no orders can be passed in this appeal on merits, and therefore, the appeal is disposed of with a direction to the D.R.T. to consider the application that may be filed and dispose of the same on merits after the proper discussion on the merits of the case untrammelled by whatever is observed by this Tribunal or in the earlier order of the D.R.T.
In the meanwhile, the possession which is scheduled for tomorrow shall be deferred till the next date of the hearing before the DRT, and a fresh notice of at least 15 days shall be issued before the dispossession of the appellants.
Interlocutory applications, if any, are dismissed as infructuous.