GANPAT PANNALAL Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution of India assails the legality, validity and propriety of order dtd. 1/8/2022 (Annexure P/5) passed by the Debts Recovery Tribunal (Tribunal), whereby while ordering restoration of the S.A. No.176/2022, which was dismissed for want of prosecution on 2/5/2022, the learned Tribunal directed that the SA will be restored subject to fulfilling certain conditions.

(2.) The petitioners have assailed this order dtd. 1/8/2022 mainly on the grounds :

(3.) To elaborate, Shri Udit Maindiretta, learned counsel for the petitioners submits that the petitioners have filed aforesaid SA before the Tribunal. The Tribunal by order dtd. 11/4/2022 granted interim protection to the petitioners by directing that till next date of hearing, no sale certificate be issued. It is worthnoting that the Tribunal did not impose any condition while granting interim relief. No doubt, the petitioners' counsel did not appear on certain dates and the Tribunal recorded that last chance is given the applicants. The Tribunal also made it clear that if on the next date of hearing the applicants seek adjournment, the Tribunal may vacate/withdraw the interim protection relating to non-issuance of sale certificate.