M S HAMARA PUMP RAHMAN vs STATE BANK OF INDIA on 30 October 2026

1. The instant application is filed for urgent hearing of the Misc. Application filed vide diary no.12/2026 in Appeal filed vide diary no.1009/2025. The application bearing I.A. No.1611/2026 is taken up for hearing today. The application stands disposed of.

**Misc. Application Diary No.12/2026**

2. Sh. Alok Rai, Advocate for the appellant stated that the present appeal was dismissed for non-prosecution vide order dated 11.09.2025. Thereafter the Misc. Application bearing diary no.12/2026 was filed along with an application bearing I.A. No.04/2026 under Section 5 of the Limitation Act for condonation of delay as there was delay of more than 100 days in filing the restoration application. The counsel for the appellant also prayed that some articles of the appellant are still lying in the subject property and as such the *status quo* order be passed in favour of the appellant in respect of the subject property.

3. The counsel for the respondent no.1/bank stated that the respondent no.1/bank has already taken the possession and the possession thereof handed over to the auction purchaser in pursuance to order dated 14.11.2025 passed by the High Court of Judicature at Allahabad. Thereafter, the appellant filed S.L.P (Civil) Diary no.18421/2026 before the Supreme Court of India and that S.L.P. was ordered to be dismissed vide order dated 07.04.2026. However, it was further observed that if the appeal before this Tribunal is ordered to be restored then it shall be open to the appellant to raise all the points for challenging the measures under Section 13(4) of the SARFAESI Act and subsequent sale.

4. In view of the order passed by the Supreme Court of India and the High Court of Judicature at Allahabad, no ground is made out to pass any interim order today.

5. List on 02.11.2026, the date already fixed for consideration of restoration application along with application bearing I.A. No.04/2026 for condonation of delay.

A rectangular area that has been redacted, likely containing a signature or stamp.

(Dr. Justice Sudhir Kumar Jain Chairperson Addl. Charge, DRAT, Allahabad

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