Debts Recovery Tribunals and Appellate Tribunals
BARAMATI AGRO LIMITED vs NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION on 28 October 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson
I.A. No. 589/2026 (Stay)
In
Misc. Appeal No. 135/2026
Between
Baramati Agro Ltd.
… Appellant/s
V/s.
National Co-operative Development Corporation …Respondent/s -: Order dated: 28/10/2026: -
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1. Present as under:
Mr. Rajesh Nagori along with Mr. Jigar Parmar , Adv. Pranjal Agarwal , Ms. Dixita Gohil Agarwal & Mr. Jatin Patil i/b M/s. Gohil Agarwal Law Chambers, Counsel for Appellant.
Senior Counsel Mr. Devendra Chauhan along with Mr. Ayush Sharma & Mr. P. Malviya & Adv. Saumya P., Counsel for Respondent No. 1. Mr. Shrivallabh Panchpor along with Mr. Nikita A., Counsel for Respondent No. 2. Mr. Ayush Kothari i/b M/s. V. Deshpande & Co., Counsel for Respondent No. 3.
2. The Learned Counsel for the Appellant would submit that the Appellant is a lessee of Respondent No. 2, who is one of the secured creditors, and that, in view of the provisions of Section 13 (4), read with the proviso thereto, the Appellant cannot be dispossessed from the secured asset.
3. Per contra, the Learned Counsel for Respondent Nos. 1 and 2 would contest the aforesaid contention by submitting that the lease has already been annulled and, therefore, the Appellant has no subsisting right or interest in the secured asset and is not entitled to any interim protection by way of stay.
4. In response, the Learned Counsel for the Appellant would submit that the order annulling the lease has been stayed by a competent Court. He, therefore, seeks time to file an affidavit placing the relevant facts and the order passed by the competent Court on record. The Counsel for the Appellant seeks time to file the affidavit to this effect.
5. The Learned Counsel for Respondent Nos. 1 and 2 seeks permission to file a detailed reply/objections to the grounds of appeal as well as to the interim application, being I.A. No. 589/2026.
6. Be filed within two weeks with advance copy to other side.
7. The Learned Counsel for Respondent No. 3 files Vakalatnama that is taken on record.
8. List the matter on 01.12.2026 for further proceedings. Sd/- Chairperson 28.10.2026
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