Tribunals and CommissionsSingle Bench(2024) 05 DRAT CK 0017

SKM Contractor and Services Pvt. Ltd. vs R. B. Overseas & Anr

Debts Recovery Appellate Tribunal · Decided on 9 May 2024

HON’BLE JUDGES
R. D. Khare, Chairperson
RESULT
Disposed Of
CASE NUMBER
Appeal Dy. No. 427 Of 2024

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Judgment

6 paragraphs · 198 words

R. D. Khare, Chairperson

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 26.02.2024 passed by the Tribunal below in S.A. No. 407/2022, whereby the interim relief has been granted in favour of the S.A.-applicant.

It is contended by the learned counsel for the appellant that the order impugned is in violation of the judgment passed by the Hon’ble Apex Court in Civil Appeal Nos. 5542-5543 of 2023-CELIR LLP Vs. Bafna Motors (Mumbai) Pvt. Ltd. & Ors, decided on 21.09.2023.

After hearing the learned counsel for the appellant and considering the facts and circumstances of the case, this court is of the opinion that since the S.A. is still pending before the Tribunal below, therefore, there is remedy open to the appellant by filing appropriate application within fortnight from today for redressal of his grievances before the Tribunal below. If such application is filed, this Tribunal has no doubt that the Tribunal below shall consider and decide the same in accordance with law most expeditiously preferably within a month thereafter.

In view of the aforesaid, the present appeal is finally disposed off.