SUNITA DEVI Vs. ALLAHABAD BANK

JUDGEMENT

(1.) Aggrieved by order dated 24.08.2015 in S.A. No. 94 of 2014, S.A. No. 109 of 2014 and S.A. No. 110 of 2014, the present writ petition has been filed.

(2.) Referring to order dated 11.05.2015 in W.P.(C) No. 557 of 2015, the learned counsel for the petitioners submits that though, this Court permitted the petitioner to file application seeking amendment and/or to file fresh SARFAESI Appeal and in fact, the petitioner filed amendment application along with the stay application, without considering the merits of the matter, the Debts Recovery Tribunal, Ranchi has dismissed the SARFAESI Appeal preferred by the petitioners. It is submitted that the Tribunal granted only one day's time to the petitioners for depositing a sum of Rs. 1 crore which the petitioners due to intervening vacation could not deposit and in the meantime, without granting stay in the matter, SARFAESI Appeals have been dismissed.

(3.) Order dated 24.08.2015 discloses that the petitioner approached this Court in W.P.(C) No. 557 of 2015 seeking a direction upon the respondent-Bank not to take coercive steps against the petitioner. The writ petition was held not maintainable observing that no extraordinary circumstance has been disclosed by the petitioner for entertaining the writ petition however, a liberty was reserved with the petitioner to move application for amendment. The petitioners admit that an application for amendment was filed and it was entertained by the Debts Recovery Tribunal. In so far as, grant of stay is concerned, order dated 24.08.2015 discloses that on 21.08.2015, one Bharat Singh the promoter of the group agreed to pay Rs. 1 crore on 24.08.2015 however, it was not deposited. The SARFAESI Appeal preferred by the petitioners was dismissed vide order dated 24.08.2015.