AI Structured Summary
Not yet generated for this judgment
Judgment
ORDER
This appeal is filed against the interim order passed in SA 433/2025 by the learned Presiding Officer, DRT-II, Bangalore on 27.11.2025, whereby, the learned Presiding Officer, stayed the impugned sale notice till next posting date on condition of payment of Rs.17,50,000/- to the respondent on or before 1.00p.m. on28.11.2025. SA 433/2025 filed challenging the sale notice dated 06.11.2025 is still pending.
Learned counsel for the respondent-Bank submitted that in view of non-compliance of the conditional order passed by the learned Presiding Officer, sale was held on 28.11.2025 and sale certificate was issued.
In the said circumstances, this Tribunal is of the view that this appeal can be disposed by giving direction to the learned Presiding Officer to dispose the SA 433/2025 on merits and in accordance with law.
In this view of the matter, this appeal is disposed giving direction to the learned Presiding Officer, DRT-II, Bangalore, to dispose the SA 433/2024 on merits and in accordance with law, as expeditiously as possible. Interim Order, already granted by this Tribunal with regard to possession, is to be continued for a period of one month from today. Thereafter, the learned Presiding officer, DRT-II, Bangalore is to consider for the interim order or not taking into consideration of the fact that SA 433/2025 is filed against the sale measures and not against the possession measures of the order passed under Section 14 of the SARFAESI Act.
Parties shall bear their own costs.
Pending IAs, if any, shall stand closed.