Tribunals and CommissionsSingle Bench(2024) 12 DRAT CK 0025

Jyoti B. Kiran Shah & Anr vs Abhyudaya Co-operative Bank Ltd. & Anr

Debts Recovery Appellate Tribunal · Decided on 9 December 2024

HON’BLE JUDGES
Ashok Menon, Chairperson
RESULT
Disposed Of
CASE NUMBER
I.A. No. 851 Of 2024 (WoD) In Misc. Appeal on Diary No. 2544 Of 2024

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Judgment

2 paragraphs · 187 words

Ashok Menon, Chairperson

The appellants have come up with this Appeal impugning the order dated 21.11.2024 of the Debts Recovery Tribunal-II, Mumbai (DRT) in Securitisation Application (S.A.) No. 346/2024. By an earlier order dated 06.11.2024, the DRT had directed the appellants to pay ₹ 25 lakhs by 3 p.m. on 07.11.2024. Though belatedly, the amount was paid. The appellants were also directed to approach the respondent bank for a settlement within a month and the respondent was precluded from taking possession of the secured asset without giving two weeks’ notice. The order appears to be apparently in favour of the appellants granting them some relief of protection. But still, the appellants are in appeal. I believe that the appeal is not sustainable as there are no orders passed on merits. In case the appellants receive a notice of taking possession, they have two weeks to approach the DRT once again for an injunction against dispossession based on merits which they did not do. Therefore, giving the liberty to the appellants to approach the DRT on merits for an injunction order against dispossession, this appeal is disposed of.