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Judgment
R. D. Khare, Chairperson
Heard the learned counsel for the appellant.
The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 16.12.2022 passed by the DRT, Dehradun in S.A. No. 16/2022, whereby the appellant has been directed to restore the possession without any delay, after that the appellant shall be heard in relation to his grievance.
The report of the registrar dated 02.01.2023 shows that no pre-deposit has been made, waiver application has been filed and as per notice dated 03.09.2021, the dues as per demand notice dated 25.08.2017 was Rs. 25,88,532/- plus interest. The report further shows that the appellant had deposited Rs. 24,99,500/- pursuant to the settlement as mentioned in the waiver application as well as the Bank has also recovered a sum of Rs. 55.92 lacs from auction sale of the property.
Considering the fact that the appellant, as mentioned in the preceding paragraph of this order, has already deposited Rs. 24,99,500/- against the dues of Rs. 25,88,532/-, the waiver application is allowed. Since the S.A. is pending consideration and as per report of the registrar dated 02.01.2023, as aforementioned, some settlement was entered into between the parties, pursuant to which Rs. 24,99,500/- was deposited by the appellant, but it appears that the property has been auctioned thereafter.
Be that as it may, the appeal stands finally disposed off with direction to the DRT concerned to consider and decide the S.A. No. 16/2022 in accordance with law after affording opportunity of hearing to the parties most expeditiously, preferably within two months from the date of production of certified copy of this order. Till the disposal of S.A. No. 16/2022, the direction regarding restoration of possession may not be insisted upon.