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rajendrakumar (A.R.M(LAW))     11 October 2011

Sarfaesi

The Question is : once an order passed  or dismissed Securitisation Application by the DRT and appeal has been field before DRAT .  while appeal pending, whether DRT it entertain any misc application in the said dismissed SA  for extension of stayor protection? whether after passing such order DRT will not became "functus officio" ? if not applicable kidnlyexpalin why not bound by Supreme Court judgments of functus officio. 



Learning

 7 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 October 2011

Yes now the matter will be dealt by DART.

R Ravindran Nair (Advocate)     13 October 2011

When the matter is pending before the competent DRAT, why you are approaching the DRT ?  Interim matters can be taken before the DRAT.

ravindran nair   

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2011

Dear Kumar

Mr. Nair is right

rajendrakumar (A.R.M(LAW))     14 October 2011

Sorry to inform that my question is : Alleged tenant approached DRT under sarfaesi Act and the said SA dismissed by DRT . Appeal filed before DRAT but no stay of DRT order . Tenant approached DRT for extension of protection which was orginally grnated while dismissed his SA by DRT. whether DRT is functious officio? or not can it pass order Misc App in dismissed SA.  

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     14 October 2011

for tenancy matters DRT has no jurisdiction .

R Ravindran Nair (Advocate)     06 May 2012

dear Mr.Kumar,

It is there in your querry that the appeal before the DRAT is filed and the position is that no stay has been granted by the DRAT.  DRAT is the right forum you have to approach for any interim order or direction.   

Uday (Lawyer)     08 May 2012

Dear Mr.Rajendra Kumar,

I vouch the views of Mr.Ravindran Nair. The DRT has dismissed the petition and an appeal has been filed before DRAT. While dimissing the petition, it is obvious that the petitioner does not have merit in that case. Morever, when an appeal before the DRAT is filed, the DRT does not have jurisdiction in intervening an appeal which is pending before the DRAT. No miscellaneous petition can be filed before the DRT when the matter is pending before the DRAT.  The only option which was available to the applicant was to file  a review before filing an appeal before the DRAT.

For example: If an appeal has been dismissed by the high court and a SLP has been filed before the Supreme Court, no miscelleneous application can be filed before the High Court on the same suject.


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