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Judgment
Anil Kumar Srivastava, Chairperson
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Appellant and perused the record. Impugned order relates to an order passed by the Learned DRT on the petition under Section 17 of the SARFAESI Act allegedly filed by the bona fide purchaser for value without notice. Main contention of the Learned Counsel for the Appellant is that the impugned order was passed without serving any notice upon the Appellants before the DRT. It appears that the Learned DRT had only passed an interim order. I.A. is still pending. Learned Counsel for the Appellant submits that Appellant has put in appearance before the Learned DRT. Learned Counsel submits that the matter may be taken up expeditiously by the Learned DRT.
Since the matter is still pending before the Learned DRT and I.A. is still pending, it would be appropriate that the Appellant should file an opposition before the Learned DRT wherein the Learned DRT would be well advised to decide the matter expeditiously after giving an opportunity of hearing to the parties in accordance with law.
Accordingly, Appeal stands disposed of at admission stage.
Pending I.A.s if any, are disposed of accordingly.
Interim order, if any, stands vacated.
Copy of the order be supplied to the Appellant and the Respondent and the copy be also forwarded to the concerned DRT.
File be consigned to Record Room.
Order dictated, signed, dated and pronounced in open Court today.