B. R. GAVAI, PAMIDIGHANTAM SRI NARASIMHA
Bank of Baroda – Appellant
Versus
Parasaadilal Tursiram Sheetgrah Pvt. Ltd. – Respondent
ORDER :
1. Leave granted.
2. This appeal by Bank of Baroda is against an Interlocutory Order of stay passed by the High Court of Judicature at Allahabad, Lucknow Bench pending disposal of a Writ Petition. The Writ Petition was filed by the Respondent Company against the order in appeal by the Debt Recovery Appellate Tribunal,1[hereinafter referred to as ‘DRAT’.] dated 02.12.2016. By this order the challenge laid to the Sale Certificate issued in favour of the Auction Purchaser under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002,2[hereinafter referred to as ‘the Act’.] was dismissed on the ground of limitation. While issuing notice, this Court had stayed the impugned interim order dated 19.12.2016 passed by the High Court of Judicature at Allahabad, Lucknow Bench and the order of stay continues to hold the field.
3. The short facts leading to the filing of the appeal are as follows. The first Respondent Company availed certain credit facilities for which the Directors of the Company gave personal guarantees along with an equitable mortgage of immovable property. As the Company defaulted in repayment of the loan, t
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