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2025 Supreme(Online)(DRAT) 44

DEBT RECOVERY APPELLATE TRIBUNAL
Mr. Justice Ashok Menon, CJ
Shobha Kirti Mehta – Appellant
Versus
Encore Asset Reconstruction Company Private Limited – Respondent


Advocates:
Mr. Rafeeq Peermohindeen along with Mr. Sidharth Samantaray & Mr. T.N. Tripathi & Ms. Kalyani Wagle & Ms. Somya, i/b M/s. T.N. Tripathi & Co., Advocate for Appellant. Mr. Charles D’Souza along with Mr. Nikhil Rajani & Mr. Vinay Deshpande & Mr. Rupak Sawangikar & Ms. Shobha Chavan & Mr. Ajay Deshmane, i/b M/s. Deshpande & Co., Advocate for Respondent No.1 Mr. A. Hadwale along with Ms. Geeta, Advocate for Respondent No.2

-: Order dated: 31/01/2025:-

The matter is taken up for hearing by way of a praecipe filed by the appellant for seeking urgent relief.

The appellant who is the second applicant in the Securitisation Application (S.A.) No. 59 of 2020 on the files of the Debts Recovery Tribunal-II, Mumbai (DRT) is in appeal anticipating an adverse order in the Interlocutory Application filed as I.A. No. 150 of 2025 in the aforesaid S.A. to protect her from the Sarfaesi action taken by the respondent financial institution for recovery of the debt allegedly due under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”, for short). It is submitted that the application was heard in detail and listed for orders today but till now the orders have not been uploaded and pronounced before in the open Tribunal and therefore, it is anticipated that it is going to interim application of the appellant. Moreover, the appellant is apprehensive that the possession of the subject property will be taken tomorrow as scheduled, and hence, the Ld. Counsel appearing for the appellant submits that this is an appeal not only under Sec. 18

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