Tribunals and CommissionsSingle Bench(2023) 01 DRAT CK 0018

Rajesh Kumar Mishra vs Bank of Baroda & Ors

Debts Recovery Appellate Tribunal · Decided on 17 January 2023

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Disposed Of
CASE NUMBER
Appeal Dy. No. 1219 Of 2022

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Judgment

6 paragraphs · 230 words

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 23.12.2022 passed by the DRT, Allahabad in S.A. No. 70/2021. The report of the Registrar dated 10.01.2023 shows that I.A. No. 756/2022 being urgency application, I.A. No. 757/2022 being waiver application and I.A. No. 758/2022 being stay application have been filed. The said report further shows that no pre-deposit has been made.

Since the matter has been taken up today, therefore the urgency application being I.A. No. 756/2022 has become infructuous and is disposed off as such.

The Tribunal below vide order impugned has rejected the interim application filed by the appellant, by which the dispossession was prayed to be stayed. Against the said order, the present appeal has been filed by the appellant.

The S.A. No. 70/2021 is still pending before the Tribunal below.

In view of the above, the appeal is finally disposed off with direction upon the Tribunal below to consider and decide the S.A. No. 70/2021 in accordance with law most expeditiously preferably within three months from the date of production of certified copy of this order. In case the appellant has any grievance, he is at liberty to move an appropriate application before the Tribunal below, who shall consider and pass the order on the same in accordance with law.