Moradabad Edible Agro Pvt. Ltd. Thro Its Dir. v. Presiding Officer Debt Recovery Tribunal Lko.
2015-12-28
DEVENDRA KUMAR UPADHYAYA, RITU RAJ AWASTHI
body2015
DigiLaw.ai
JUDGMENT Notice on behalf of opposite party no.2 has been accepted by Mr. Ashish Sinha, Advocate, who has put in appearance on behalf of respondent Bank. 2. On urgency being mentioned, this writ petition has been presented before us during winter holidays. 3. Learned counsel for the petitioner submits that the auction is fixed for tomorrow, i.e., 29.12.2015 at 11: 00 AM, as such, there is extreme urgency in the matter, as the O.P. No.1 has not decided the interim relief application preferred in SA No.734 of 2015 and has by order dated 23.12.2015 fixed the next date as 07.01.2016 for filing objections and arguments on interim relief application. 4. Learned counsel for O.P. No.2 submits that the SA filed by the petitioner is pending before the learned Tribunal, as such, the instant writ petition is not maintainable. The representation preferred by the petitioner under section 13(3)(a) SARFESI Act has been decided. 5. After hearing the parties' counsel, we are of the view that no indulgence is required to be granted by this Court. The petitioner is at liberty to press his interim relief application in the pending SA No.734/15 and in case, there is urgency in the matter, any request the Tribunal to fix an early date. Needless to observe that in case any proceedings including auction etc is held by the Bank, that would be subject to the orders which may be passed in the pending interim relief application, SA No.734/15. With these observations, the writ petition is dismissed.