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2023 Supreme(Online)(KER) 13499

HIGH COURT OF KERALA
N. NAGARESH, J
MINI ZAKIR – Appellant
Versus
M/S.PHOENIX ARC PRIVATE LIMITED – Respondent


Advocates:
ZAKEER HUSSAIN, MOHAMMED ZAMAN, K.A.SANJEETHA

J U D G M E N T

Dated this the 31st day of October, 2023 The petitioner states that she is the appellant and the respondents are the respondents in the appeal provisionally numbered as AIR(SA) No.1561 of 2023 on the file of the Debt Recovery Appellate Tribunal (DRAT), Chennai. The petitioner filed S.A.No.40 of 2017 before the Debt Recovery Tribunal-I, Ernakulam challenging the SARFAESI proceedings initiated by the

1st respondent.

2. The petitioner states that the Debt Recovery Tribunal-I, by the order dated 29.09.2023, dismissed S.A.No.40 of 2017 in a mechanical manner. Challenging the said order, the petitioner filed a Statutory Appeal before the Debt Recovery Appellate Tribunal, Chennai. The Registry of the Debt Recovery Appellate Tribunal provisionally numbered the appeal as AIR (SA) No.1561 of 2023.

3. Along with the appeal, a stay petition was also filed against the dispossession of the petitioner from her residential property. The petitioner also filed an urgent application to post the stay petition and the appeal before the Presiding Officer of the Debt Recovery Appellate Tribunal. The petitioner is trying her best to have Exts.P5 to P8 taken up for consideration by the Debt Rec

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