Tribunals and CommissionsSingle Bench(2022) 12 DRAT CK 0003

M/s Shri Krishnan Trading vs Union Bank of India

Debts Recovery Appellate Tribunal · Decided on 1 December 2022

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Disposed Of
CASE NUMBER
Appeal Dy. No. 123 Of 2022

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Judgment

5 paragraphs · 255 words

R. D. Khare, Chairperson

Heard the learned counsels for the parties.

Learned counsel for the respondent-Auction Purchaser does not want to file reply and states that the present appeal has been filed against the interim order, by which an opportunity was given to the appellant to deposit the amount and redeem the property, which was defaulted and now the property has been sold and sale deed has been executed in favour of the auction purchaser. It is thus argued that the present appeal is not maintainable.

Learned counsel for the appellant submits that there are certain issues, which are yet to be adjudicated by the Tribunal below, therefore, the present appeal is maintainable. The learned counsel further submits that pursuant to the auction sale, possession of the property has not been taken. Learned counsel further contends that he shall file an application for stay of possession before the Tribunal below.

Be that as it may, the present appeal is finally disposed off with direction to the DRT, Jabalpur to consider and decide the S.A. No. 96/2022 most expeditiously in accordance with law, preferably within three months from the date of production of certified copy of this order. If the application is filed by the appellant within 48 hours regarding possession, the same shall be considered and decided within a week. For a week, all the parties are directed to maintain the status quo qua the property in question as it exists today. It is made clear that the said relief shall automatically stand vacated thereafter.