Debts Recovery Tribunals and Appellate Tribunals
Smt Laxmi Mishra vs Indian Bank on 27 October 2026
**DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI**
(Holding Additional Charge of DRAT, Allahabad)
Diary No. 2600/2026 (Misc Appeal)
Arising out of S.A. No. 535/2023 (DRT, Allahabad)
Item No.05
Smt. Laxmi Mishra
V
Indian Bank
27.10.2026 Hon'ble Dr. Justice Sudhir Kumar Jain Present: Sh. D.N. Awasthi, Advocate for appellant through VC
Sh. Kush Saxena, Advocate for respondent bank through VC
This matter is taken up through Hybrid hearing.
L.A. No. 1629/2026 (application for waiver of pre-deposit)
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1. The instant application is filed for waiver of pre-deposit on the ground that the appellant has already deposited Rs.10 lacs and further Rs.2 Lacs before DRAT, Allahabad vide Demand Draft No. 016554 dated 23.10.2026 which covered 85% of the total amount as claimed in the demand notice under Section 13(2) of the SARFAESI Act.
2. The perusal of order dated 26.10.2026 passed by the Registrar in appeal bearing Diary No. 2600/2026 reflects that the appellant has deposited a sum of Rs.10 lacs before DRAT, Allahabad. Sh. D.N. Awasthi, Counsel for the appellant stated that the appeal bearing Diary No. 2065/2026 has already disposed of vide order dated 27.07.2026 and the appellant have not claimed the refund of Rs.10 lacs which was deposited as pre-deposit in appeal bearing Diary no. 2065/2026. It is prayer that the said deposit be treated as pre-deposit in context of the present appeal bearing Diary No. 2600/2026.
3. The perusal of record reflects that the appellant has already deposited Rs.10 lacs through Demand Draft bearing No. 016313 dated 19.08.2025 in appeal bearing Diary No. 2065/2026 and the same amount has not been claimed back by the appellant.
4. After considering all facts, the amount of Rs.10 lacs which was deposited vide order dated 27.07.2026 in appeal bearing diary No. 2065/2026 be treated as pre-deposit in context of present appeal. At this stage, Sh. D.N. Awasthi, Counsel for the appellant stated that the appellant has also deposited a sum of Rs.2 lacs yesterday before DRAT, Allahabad. The application stands disposed of.
Misc. Appeal Diary No.2600/2026
5. The instant appeal is filed to impugn the orders dated 01.07.2026 and 22.10.2026. The DRT-Allahabad vide order dated 01.07.2026 has given the liberty to the respondent no.1 bank to take possession after giving fresh 15 days' advance notice to the appellant. The DRAT-Allahabad vide order dated 22.10.2026 has ordered to list the case for 27.10.2026 before Registrar for completion of pleadings.
6. Sh. D.N. Awasthi, Counsel for the appellant during the course of argument referred the order dated 27.07.2026 passed in appeal bearing Diary No. 2065/2026 whereby the said appeal was disposed of with the liberty to the appellant to file an application for grant of interim protection before DRT within 10 days from 27.07.2026 and thereafter DRT was directed to consider the said application and decide the said application on the same day or preferably within 10 days whichever is earlier. The *status quo* order was to be maintained by the concerned parties.
7. Sh. D.N. Awasthi, Counsel for the appellant further stated that the appellant in compliance of the order dated 27.07.2026 has filed the application with the prayer that the respondent be restrained from taking physical possession of the property on 06.10.2026 or any other day. Sh. Awasthi, Counsel further stated that the DRT-Allahabad has not decided the said application and prayed that till the disposal of the said application the *status quo* be maintained in respect of the subject property.
8. Sh. Kush Saxena, Counsel for the respondent bank that the *status quo* ordered which was granted vide order dated 27.07.2026 was a period of 10 days and it was further directed that the *status quo* which was granted vide order dated 27.07.2026 was only for a period of 10 days or till the dismissal of stay application whichever is earlier. He prayer that the present appeal be dismissed.
9. The perusal of order dated 27.07.2026 passed in appeal bearing Diary No. 2065/2026 reflects that the appellant was given an opportunity to file an interim application before DRT within 10 days which was ordered to be decided on the date of filing or within a period of 10 days. It was further ordered that the *status quo* shall be maintained either in 10 days or till the disposal of said application whichever is earlier. However, DRT-Allahabad despite filing of the stay application has not passed any order on the said application rather vide order dated 22.10.2026 given liberty to the respondent to take possession after giving 15 days notice. The DRT-Allahabad was required to decide the stay application preferred by the appellant in compliance of order dated 27.07.2026.
10. Accordingly, the present appeal along with pending application, if any, is disposed with the direction to the DRT-Allahabad to decide the application for stay within one week from today and till then *status quo* in respect of the subject property shall be maintained. If the said application is decided against the appellant, in that eventuality, the respondent shall be at liberty to take appropriate proceedings for taking possession of the subject property immediately.
----- (Dr. Justice Sudhir Kumar Jain) Chairperson Addl. Charge, DRAT, Allahabad
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