KOTAK MAHINDRA BANK LIMITED Vs. NIRVAN BIRLA

JUDGEMENT

(1.) This writ petition, at the instance of a secured creditor, is directed against an order dtd. 26/11/2021 passed by the Debts Recovery Tribunal-II, Mumbai [hereafter "the DRT(II)", for short] on Securitisation Application No. 24 of 2015, being an application of the respondent no.1 under Sec. 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. By the impugned order, the petitioner has been directed to restore possession of the secured asset in favour of the respondent no.1 by 22/1/2022.

(2.) The petitioner/secured creditor, aggrieved by the order dtd. 26/11/2021, has appealed before the Debts Recovery Appellate Tribunal, Mumbai [hereafter "the DRAT(M)", for short]; however, prior to preferring such appeal, it has instituted this writ petition.

(3.) The office of the Chairperson of the DRAT(M) being vacant, we entertain this writ petition having regard to the order dtd. 16/12/2021 of the Supreme Court in Special Leave Petition No. 10911 of 2021 [State Bar Council of Madhya Pradesh vs. Union of India].