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Judgment
The respondent State Bank of India filed O.A. bearing no.34/2015 titled as State Bank of India V. M/s Apple Natural Resource Pvt. Ltd. & others and O.A. No.311/2015 titled as State Bank of India V. M/s Apple Commodities Pvt. Ltd. which were stated to be pending before DRT-III, Delhi. In both the O.As. Recovery Certificates bearing TRC no.46/2022 and TRC no.64/2022 were already been in the year 2018 and 2019 respectively. The recovery Officer-I attached to DRT-III, Delhi vide order dated 10.07.2026 has observed that the Recovery Officer in execution of recovery certificate has the power to attach the properties standing in the names of persons who are not certified debtors, where the material shows that the property to be in substance the property of the certificate debtors.
Being aggrieved, the appellants filed appeals bearing no.3/2026 and 4/2026 which are stated to be pending before DRT-III, Delhi. DRT-III, Delhi vide the impugned order dated 29.07.2026 has granted time to the respondent State Bank of India for filing reply and thereafter liberty has been given to the appellant for filing rejoinder.
Sh. Abhishek Malhotra, Ld. Senior Advocate for the appellants stated that DRT-III, Delhi in the impugned order dated 29.07.2026 passed in Appeals No.03/2026 and 04/2026 has not considered the prayer of the appellants for grant of interim relief in respect of the subject properties as detailed in the order dated 10.07.2026 passed by the Recovery Officer. Sh. Malhotra further argued that the requisite prayer was made in the appeals presented before DRT-III, Delhi.
The present appeals are disposed of with liberty to the appellants to raise the plea regarding grant of interim relief as raised in the present appeals before DRT-III, Delhi and thereafter, DRT-III, Delhi is directed to decide the issue of grant of interim relief to the appellants in accordance with law. The appellants and the respondents are directed to appear before DRT-III, Delhi on 13.08.2026. The respondent State Bank of India will be at liberty to file reply to the appeal in the meanwhile.