Tribunals and CommissionsSingle Bench(2025) 01 DRAT CK 1690

Kalyani Industries vs State Bank Of India

Debts Recovery Appellate Tribunal, Allahabad · Decided on 6 January 2025

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Disposed Of
CASE NUMBER
Misc. Application No. 01 Of 2025

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Judgment

6 paragraphs · 302 words

R. D. Khare, Chairperson

Heard the learned counsel for the applicant.

Learned counsel for the applicant has filed the present misc. application for direction to the Tribunal below to decide the stay application no. 2085/2024 filed in S.A. No. 387/2024.

Learned counsel for the applicant submits that the interim stay application filed before the Tribunal below is pending for last 9 months. Learned counsel for the appellant has filed the affidavit of service along with supplementary affidavit, in which it has been stated in para 2 that the bank has given a notice dated 24.12.2024 for taking physical possession of the property in question on 16.01.2025. Learned counsel has relied upon the order dated 28.08.2024 passed by the Hon’ble Allahabad High Court in Writ-C No. 26835 of 2024, in which the Hon’ble High Court had directed this Tribunal to decide the stay application within a period of three weeks from the date of production of certified copy of the order and till the disposal of the stay application, parties were directed to maintain the status quo. It is, therefore, prayed that the Tribunal below may be directed to dispose off the stay application no. 2085/2024 on the next date fixed by granting status quo order qua the property in question.

In view of the above, the present application stands disposed off with direction upon the Presiding Officer, DRT, Allahabad to consider and decide the stay application no. 2085/2024 filed in S.A. No. 387/2024 on the next date fixed and till then the status quo qua the property in question, as it exists today, is directed to be maintained by the parties concerned.

In case the appellant does not appear and press the said stay application on the date fixed before the Tribunal below, the interim order granted today shall automatically stand vacated.