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Judgment
R. D. Khare, Chairperson
Heard the learned counsel for the appellant on the waiver application being I.A. No. 189/2022, wherein it has been contended that after issuance of notice under section 13(2) of the SARFAESI Act, the appellant has deposited more than 50% of the amount due as has been detailed in para 2 of the waiver application. It is further contended that in interregnum, the respondent-Bank has also sold the property of the appellant for Rs. 33,62,000/-. It is also contended that the respondent-Bank has not disputed the said facts. Hence, it is prayed that the waiver application may be allowed and the appellant may be exempted from depositing any amount towards pre-deposit for maintaining the appeal.
In view of the aforesaid, the waiver application filed by the appellant is allowed and no further amount is required to be deposited for maintaining the appeal.
Learned counsel for the appellant files impleadment application, rejoinder and supplementary affidavit, which are taken on record.
Learned counsel for the respondent-bank submits that the issue raised by the appellant in the present appeal may be considered by the Tribunal below, therefore, the present appeal may be disposed off finally, as the S.A. filed by the appellant is still pending consideration before the Tribunal below.
Learned counsel for the appellant agrees to the submission of the learned counsel for the respondent-Bank, but he submits that till the disposal of the S.A., the interest of the appellant may be protected.
In view of the aforesaid, the present appeal stands disposed off with liberty to the appellant to raise all the issues, which are agitated in the present appeal, before the Tribunal, who shall consider and decide the same most expeditiously preferably within two months from the date of production of certified copy of this order. For a period of two months or till the disposal of the S.A., whichever is earlier, the status quo qua the property in question, as it exists today, shall be maintained by all the parties concerned.