caselaws
Supreme Court of India
Arunbhai Kalyanbhai Sutariya vs Nutan Nagrik Sahakari Bank Ltd.& … on 10 March, 2015Author: A R Dave
Bench: Anil R. Dave, Kurian Joseph
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CIVIL APPEAL NO. 2822 OF 2015
(Arising out of SLP(C)NO.21260 OF 2011)
ARUNBHAI KALYANBHAI SUTARIYA … APPELLANT
VS.
NUTAN NAGRIK SAHAKARI BANK LTD & ANR. … RESPONDENTS
J U D G M E N T
ANIL R. DAVE, J.
1. Leave granted.
2. Upon hearing the learned counsel, we have learnt that the appellant
has already filed an appeal before the Debts Recovery Tribunal at Ahmedabad
(DRT), being Securitisation Appeal No.38 of 2001, which is pending.
Similarly, the Respondent-Bank has also filed an appeal before the Gujarat
State Cooperative Tribunal against order dated 4th November, 2003, passed
by the learned Board of Nominees at Ahmedabad in Lavad Case No.39 of 2000.
3. As both appeals are pending, we would not like to entertain this
appeal on merits. We direct the DRT and the Gujarat State Cooperative
Tribunal to decide the appeals pending before them within three months from
the date of receipt of a copy of this order.
4. During the pendency of afore-stated appeals before the Appellate
Authorities, no coercive steps shall be taken for recovery of the amount
under the provisions of the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
5. The question of law with regard to applicability of the SARFAESI Act,
2002 and the Multi-State Cooperative Societies Act, 2002, is kept open.
6. The Registry shall give intimation of this order to the afore-stated
authorities.
7. In view of the above order, the appeal stands disposed of with no
order as to costs.
…………..J.
[ANIL R. DAVE]
…………..J.
[KURIAN JOSEPH]
New Delhi;
10h March, 2015.
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