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Judgment
Ashok Menon, Chairperson
This is an application challenging the order dated 22.10.2024 dismissing I.A. No. 2672/2024 in Securitisation Application No. 167/2019 (S.A.) on the files of Debts Recovery Tribunal, Pune (D.R.T.) concerning the Sarfaesi measures initiated by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”, for short) for recovery of the debt allegedly due by the appellants.
The appellants were facing the threat of being dispossessed from the secured asset on 22.10.2024. However, even consequent to the dismissal of this application for protection, the possession was not taken on that date and now it appears that a fresh notice of dispossession dated 23.10.2024 has been issued by the Tehsildar u/s 14 of the SARFAESI Act intending to take possession on 11.12.2024.
It is submitted that an application for protection has been filed afresh before the D.R.T., Pune as I.A. No. 2913/2024 and that has to be decided on merits. I am told by the Ld. Counsel appearing for the parties that the application is listed for hearing tomorrow, i.e. 10.12.2024. Since the protection sought in the impugned order has now become infructuous, I do not find any need for the appeal to be entertained and therefore, this appeal stands disposed of with a direction to the D.R.T., Pune to consider I.A. No. 2913/2024 referred to above for protection and dispose the same on merits tomorrow itself.
There is an application for waiver of deposit and the respondent bank has filed a reply to that application. Given the order above, it has become infructuous and hence, also stands disposed of.