Bombay High Court
Venus Multispecialty Hospital ... vs The Debts Recovery Tribunal, Thr. ... on 19 January, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
1 W.P.No.308.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 308 OF 2022
Venus Multispecialty Hospital Pvt. Ltd., & Ors.,
..VS..
The Debts Recovery Tribunal, Nagpur and Ors.,
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Dilip Daga, Advocate for petitioners.
Shri M. Anilkumar, Advocate for respondent No.2.
Shri A.M.Kadukar, A.G.P. for respondent No.3.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 19.01.2022
1. Hearing is conducted through Video Conferencing
and all the learned Advocates agreed that the audio and
visual quality was proper.
2. Heard Shri Daga, learned counsel for the
petitioners and Shri M. Anilkumar, learned counsel for
the respondent No.2, who appears by waiving notice and
Shri A. M. Kadukar, learned A.G.P. for respondent No.3,
who appears by waiving notice. There is no need to issue
any notice to respondent No.1.
3. The petitioners are desirous of challenging the
legality and correctness or otherwise of the judgment and
order dated 24.12.2021, thereby rejecting the challenge
raised to the order passed under Section 14 of the
Securitization and Reconstruction of the Financial Assets
and Enforcement of Security Interest Act, 2002 (for short
the "SARFAESI Act") by the Additional District Magistrate
but are unable to do so as presently DRAT, Mumbai is
not functional, there being no Presiding Officer
appointed to preside over the Appellate Tribunal.
Considering the nature of right of appeal given to a party
like the petitioner under Section 18 of the SARFAESI Act,
we are inclined to grant interim relief to the petitioners
to enable them to approach the DRAT, Mumbai under
Section 18 of the SARFAESI Act.
4. Accordingly, we direct that the petitioners may file
an appeal under Section 18 of the SARFAESI Act against
the impugned judgment and order passed by the DRT,
Nagpur within a period of two weeks from the date of the
order, which shall be subject to the following condition :-
(i) At the time of filing of the appeal, the petitioners
shall deposit with the respondent No.2-Bank 50%
of the amount demanded in the notice issued
under Section 13(2) of the SARFAESI Act.
5. Subject to the compliance with the above referred
condition, there shall be stay to the impugned judgment
and order passed by the DRT, Nagpur and also the order
passed under Section 14 of the SARFAESI Act, against
which appeal is going to be filed by the petitioners and
this stay shall remain in operation for a period of 15 days
after Presiding Officer is appointed and takes over the
charge of DRAT, Mumbai.
6. We make it clear here that no further time for
complying with the aforestated condition shall be granted
and if the condition so stipulated herein above is not
complied with, the stay hereby granted shall stand
vacated without any reference to this Court.
7. The Writ Petition is disposed of in the above terms.
No costs.
JUDGE JUDGE
Kirtak
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:19.01.2022
17:14
