Debts Recovery Tribunals and Appellate Tribunals
HARSHVARDHAN RAM SHASTRI vs STATE BANK OF INDIA on 20 December 2023
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson Misc. Appeal No. 147/2023 Between Harshvardhan Ram Shastri … Appellant/s
V/s. State Bank of India & Anr. …Respondent/s Mr Dinesh Kumar A Dubey, Advocate for Appellant. Mr Padmakar Garad, Advocate for Respondent No. 1 Bank. -: Order dated: 20/12/2023:- The matter is taken up for hearing by way of a praecipe filed on 15.12.2023 by the Appellant seeking urgent relief.
2. The Appellant in appeal impugning the order dated 05.12.2023 in Miscellaneous Application (M.A.)No. 87 of 2023 which is filed in Original Application (O.A.) No. 376 of 2011 on the files of the Debts Recovery Tribunal-I, Mumbai. The sale of the property was to be held on 06.12.2023 and the Appellant wanted an interlocutory relief to stall the sale based on his contention of having exclusive rights over the subject property. On the prima facie findings, the Ld. Presiding Officer found that the claim over the property was not sustainable and therefore, refused to grant any relief to stall the sale. The Appellant is aggrieved and hence in appeal.
3. The Ld. Counsel appearing for the Respondent bank submits that since there were no bidders, the sale proposed to be held on 06.12.2023 did not take place and now, there is a fresh proclamation of the sale to take place on 25.01.2024. Therefore, this appeal seeking to stall the sale dated 06.12.2023 has become infructuous.
4. The appeal is filed against the dismissal of the interlocutory relief to stall the sale which took place on 06.12.2023. Since that sale did not take place, as rightly observed by the Ld. Counsel appearing for the Respondent, this appeal has become infructuous.
5. The M.A. filed by the Appellant is posted for final hearing on 19.01.2024 and is most likely to be disposed of before the fresh sale is slated to take place on 25.01.2024. Hence, the apprehension of the Appellant is misplaced. Under the circumstances, the appeal is disposed of with the direction to the D.R.T. that M.A. No. 87 of 2023 shall be disposed of as expeditiously as possible at any rate within one month from today untrammeled by whatever is observed in the impugned order dated 05.12.2022. Sd/- Chairperson mks-32