DURVIJAY SINGH Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Petitioners by way of present petition seeks direction to the Debts Recovery Tribunal, Jabalpur to decide the interim relief at the earliest and till then the respondent-Bank be restrained not to dispossess the petitioners.

(2.) Evident it is from the pleadings that the petitioners were proceeded against under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act of 2002') where against the petitioners filed an Appeal under Section 17 of the Act of 2002 registered as Second Appeal No.308/2016 before Debts Recovery Tribunal, Jabalpur. Along with the application the petitioners also filed an application for grant of interim relief. The said application is pending consideration. It is during pendency thereof the petitioners are seeking direction to decide the application expeditiously and in the meantime restrain the respondents from taking possession of the property.

(3.) Since the petitioners have already availed the statutory remedy of Appeal under Section 17 of the Act of 2002 and the same being in consonance with the law laid down by the Supreme Court in Union Bank of India v. Satyawati Tondon (2010) 8 SCC 110 and Standard Chartered Bank v. V. Nobel Kumar and others (2013) 9 SCC 620 this Court refrains from entertaining an application for stay in the interregnum as it is not a case of the petitioners that the Tribunal is deliberately delaying the consideration of application for interim relief.