ADI Impex Infra Services vs State Bank Of India

Ashok Menon, Chairperson

The matter is taken up for hearing by way of a praecipe filed on 02.02.2024 by the Appellant for seeking urgent relief.

These two appeals challenge the dismissal of the appeals filed before the Ld. Presiding Officer, D.R.T.-II, Mumbai challenging the sale which has taken place in the proceedings before the Recovery Officer. The bank which is a secured creditor is in appeal given the certain adverse observations made in the impugned order. The Appellant was in the appeal before the D.R.T. and the Appellant is also in appeal before this Tribunal challenging the dismissal of that appeal. It is pertinent to note that the highest bidder had filed an application in the appeal before the D.R.T. to get themselves impleaded and it is noted that the application to implead was allowed but since the appeal was thereafter dismissed, the Appellant therein who was supposed to carry out the amendment did not carry out the amendment and the present appeals are filed both by the bank and the Appellant. The highest bidder has again filed two intervention applications in both these appeals as I.A. No. 87 of 2024 and 88 of 2024. These intervention applications are opposed vehemently by the borrower. It is seen that the application for intervention was allowed by consent of the parties before the D.R.T. the parties cannot be heard to say that there was no consent given before the D.R.T. If an application is allowed without actually consenting to it, the proper remedy available was to file a review application. Once in a judicial proceeding, it is noted by the Ld. Presiding Officer that consent was given, it cannot be challenged in the appeal and therefore, I find that the application for intervention will have to be allowed. Hence, both applications are allowed and the Applicant therein is allowed to be impleaded as an additional Respondent in these appeals. The Appellant in the respective appeals is directed to carry out the amendment positively within a week.

Post on 22.02.2024 before the Registrar.

Interim order, if any, shall continue till the next date of hearing before the bench.