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Judgment
The appellant had filed one Securitization Application (S.A.) under Section 17(1) of the SARFAESI Act against respondent no.1 Bank which had given a loan of Rs.40 lacs to it in the year 2007 [Overdraft Mortgage(SIB)]. That S.A. was filed since appellant's account was declared NPA illegally as per the case of the appellant and possession of its mortgaged factory in Ludhiana was also illegally taken over by the Bank on 02.03.2011. During the pendency of the S.A., the Bank auctioned the factory and movables on 09.01.2017 and 18.03.2017 and two sale certificates were issued in favour of respondent no.3 herein. The auction sale was also challenged by way of amendment of the S.A. The DRT finally vide its order dated 07.09.2017 set aside the auction.
Since, according to the appellant, DRT had not adjudicated all the points raised in the S.A., it filed one review application. That review application was, however, dismissed vide the impugned order dated 26.04.2018. Feeling aggrieved against that order, the present appeal was filed.
The short point which arose for consideration during The course of hearing of the appeal was whether an appeal lies against an order passed by the DRT rejecting the review application moved by the appellant herein.
The learned counsel for the respondent Bank cited some judgments/orders of the Hon'ble Supreme Court/ High Courts and of DRATs, including Delhi DRAT, in support of his submission that this appeal is not maintainable. The judgments cited are as under:
DSR STEEL (PVT.) LTD. VS.STATE OF RAJASTHAN & ORS. - (2012) 6 SUPREME COURT CASES 782
PARSN MEDICINAL PLANTS PVT. LTD. & ORS. VS. INDIAN BANK & ORS. - MANU/TN/7074/2018
MSTC LIMITED VS. STANDARD CHARTERED BANK - MANU/MH/1150/2019
MOHD. LUKMAN VS.BANK OF BARODA & ORS. - MANU/DA/0001/2018 : II(2019)BC46(DRAT)
PUNJAB NATIONAL BANK VS. RAMA FIBRES LIMITED & ORS - MANU/DD/0009/2007 :[2008] 141 COMPCAS 423.
SH. VIJAY SINGH & ANR. VS. INDUSTRIAL RECONSTRUCTION BANK OF INDIA & ORS. - MANU/DD/0056/2009
HEMENDER SHARMA & ORS.VS. INDIAN OVERSEAS BANK & ORS.- 2001 SCC ONLINE DRAT 33 : (2001) 2 BC (DRAT)
SHANKAR MOTIRAM NALE VS. SHIOLALSING GANNUSING RAJPUT- (1994) 2 SUPREME COURT CASES 753
M.N. HAIDER & ORS. VS.KENDRIYA VIDYALAYA SANGATHAN & ORS. - (2004) 13 SUPREME COURT CASES 677
SUSEEL FINANCE & LEASING COMPANY VS. M. LATA & ORS. - (2004) 13 SUPREME COURT CASES 675
VINOD KAPOOR VS.STATE OF GOA & ORS.- (2012) 12 SUPREME COURT CASES 378.
In all these judgements it has been held that no appeal lies against an order of rejection of a review application.The learned counsel for the appellant did not bring to my notice any judgment taking a contrary view.
This appeal has, therefore, to be dismissed as not maintainable without entering into the merits of any aspect of the case. Accordingly, this appeal is rejected.