Debts Recovery Tribunals and Appellate Tribunals
G S Enteprises represented by Proprietor Mohd Syed Aslam and Another vs Andhra Pradesh State Financial Corporation on 17 August 2026
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON Appeal Diary No. 626 of 2025 Order No. 14 17.08.2026 M/s. G.S. Enterprises & Another … Appellants -Vs- Andhra Pradesh State Financial Corporation …Respondent Mr. Nemani Srinivas, Learned Counsel for the Appellant Mr. Prasenjit Pal (Virtual), Learned Counsel for Respondent THE APPELLATE TRIBUNAL: I.A. 363 of 2025 Application praying for waiver by the Appellant from making pre-deposit under Proviso to Section 18 (1) of the SARFAESI Act 2002. Heard the Learned Counsel for the parties and perused the record. Instant appeal is preferred against order dated 25.4.2025 passed by Learned DRT-II, Hyderabad allowing S.A. 110 of 2018 (M/s. G.S. Enterprises -vs- Andhra Pradesh State Financial Corporation) by quashing Possession Notice dated 7.2.2018. It is also observed that availment of loan facility and records are admitted. The creation of the mortgage cannot be disputed. Re-delivery of possession of the secured asset cannot be ordered.
2 Appellant preferred the appeal only to the extent finding that the re-delivery of possession of the secured asset cannot be ordered. However, it has to be noted that the Secured Creditor has not challenged the impugned order. In another S.A. the impugned sale was also under challenge which was allowed and the sale was set aside. Now only question remains about the re-delivery of the possession to be decided in this appeal. Since all the actions of the Bank have been set aside, we do not find it appropriate that any direction for pre-deposit should be made to the Appellant. Accordingly, I.A. 363 of 2025 is allowed. Admit the appeal be providing regular appeal number. Opposition to the appeal be file within two weeks with copy to Appellant. Rejoinder, if any, be filed within two weeks thereafter. List on 15th October, 2026 for hearing. (Anil Kumar Srivastava,J) Chairperson Dated: 17thAugust, 2026 05/ac