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Judgment
R. D. Khare, Chairperson
Heard the learned counsels for the parties.
Learned counsel for the appellant submits that the Tribunal below has not decided any issue on merits and the interim relief of the appellant has been rejected only on the ground of non-compliance of the order dated 09.12.2024 passed by the Hon'ble High Court. It is further contended that since no issue has been decided by the Tribunal below on merits, therefore, the condition of pre-deposit will not apply in the present case view of the judgment passed by the Hon'ble Apex Court in Civil Appeal No. 5290/2025-M/s Sunshine Builders and Developers Vs. HDFC Bank Ltd., decided on 17.04.2025 and has referred to para 16 of the said judgment.
The learned counsel further submits that no notice under Section 13(4) of the SARFAESI Act has been issued by the Bank and the application under Section 14 of the said Act has directly been filed before the district authority, which cannot be done as per settled principle of law. It is thus contended that the matter may be remanded back to the Tribunal below for reconsideration of the same after hearing the parties concerned and in the meantime, the interest of the appellant may be protected.
Learned counsel for the respondent-Bank submits that no ground for waiver has been made out by the appellant, therefore, no order can be passed.
Be that as it may, let the appellant file an appropriate application before the Tribunal below within a week raising all its grievances, which shall be considered and decided most expeditiously preferably within 10 days thereafter. Till that time or disposal of the said application, whichever is earlier, the status quo qua the property in question shall be maintained by the parties concerned.
In view of the above, the appeal stands disposed off.