Tribunals and CommissionsSingle Bench(2026) 02 DRAT CK 3336

Rakesh Kumar Daswani vs IDFC First Bank Ltd.

Debts Recovery Appellate Tribunal, Allahabad · Decided on 6 February 2026

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Disposed Of
CASE NUMBER
Appeal Dy. No. 222/2026

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Judgment

5 paragraphs · 272 words

Heard the learned counsel for the appellant on the urgency application being I.A. No. 179/2026.

Since the matter has been taken up today, therefore the urgency application has become infructuous and is disposed of as such.

The present appeal has been filed under section 18 of the SARFAESI Act against the interim order dated 14.01.2026 passed by the Tribunal below in S.A. No. 453/2025.

Learned counsel for the appellant submits that initially the notice dated 22.12.2025 was issued to the appellant for taking possession of the property in question on 15.01.2026. It is further contended that the same notice has again been issued for the same by putting the date of possession in handwriting as 06.02.2026 i.e. today without there being any reason for the same, which is illegal and without any application of mind. It is therefore, prayed that the interest of the appellant may be protected.

After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, since the securitization application is still pending before the Tribunal below, therefore, the present appeal stands disposed of finally with liberty to the appellant to move an appropriate application before the Tribunal below for redressal of his grievances within 10 days from today. In case the appellant files such application before the Tribunal below within the stipulated period, the same shall be considered and decided preferably on the same day or within 10 days thereafter. Till that time or disposal of the interim application, whichever is earlier, the status quo qua the property in question as it exists today shall be maintained by all the parties concerned.