191090000372024_c58bcefa179c193a494eb83cff41c659.pdf

1 
 
 
 
 
 
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA 
                              Misc. Appeal Dy No. 37 of 2024 
   (Arising out of IA  3494 of 2023 in SA 480 of 2023 DRT- II Hyderabad) 
 
 
 
 
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA 
 
 
 
 
 
 
 CHAIRPERSON 
24.01.2024 
 
 
 
 
 
1. Tararam Choudhary having registered office at 
Plot No 3 of 4 beside Andhra Bank 
Gandimaisamma 
2.MRS INDRADEVI CHOUDHARY residing at PLOT 
NO. 3/4, BESIDE ANDHRA BANK, 
GANDIMAISAMMA, RANGAREDDI , TELENGANA 
3.M/S MAHALAXMI ELECTRICAL residing at PLOT 
NO. 14B, SHOP NO. 6 , AMRUTHA SANGARAM 
APTS, IDA, K.V. RANGAREDDY, TELANGANA, 
... Appellants 
--Vs-- 
Cholamandalam Investment and Finance Company 
Ltd having office at Plot No 3 by 4 beside Andhra 
Bank Gandimaisamma 
 
 
 
 
 
 
 
Respondent.  
 
 
 
 
 
 
 
 
 
 
For Appellant  
: Md. Masundur Rahaman. , ld. Adv.  
 
 
 
 
 
For Respondent :  
 
 
 
 
 
 
 
 
 
 
THE APPELLATE TRIBUNAL : 
Heard learned counsel for the appellant and perused the 
records.    
Appellant has challenged the order dated 24.11.2023 
wherein learned DRT has granted interim relief in favour of the 
appellant on condition that taking physical possession shall 
remain stayed subject to deposit of Rs.59.50 lakh in three 
instalments, failing which respondent shall be at liberty to 
proceed against the property as per law.  

2 
 
Notice issued u/s 13(2) of the SARFAESI Act, 2002 shows 
that Rs.1,98,44,044/- is the demanded due.  No representation 
u/s 13(3A) was filed by the appellant.  Appellant has failed to 
deposit the amount as per interim order passed by the DRT.  
Thereafter, respondent financial institution obtained order u/s 14 
of the Act.  Appellant has challenged the order before learned 
DRT wherein interim order was passed in favour of the appellant.  
As far as demanded due is concerned since no representation was 
made against Sec. 13(2) notice and notice u/s 13(4) of the Act 
was issued and learned DRT has granted interim relief in favour 
of the appellant, there is no ground either to challenge the 
impugned order, which will be considered by the DRT at the time 
of disposal of the S.A., or to file appeal being aggrieved by the 
impugned order.   
I do not find any illegality in the impugned order.  
Accordingly, appeal is dismissed at the admission stage itself.  
Pending I.A.s are also dismissed.  
File be consigned to record room. 
 
Copy of the order be supplied to the appellant and the 
respondents and a copy be also forwarded to the concerned DRT.  
 
Copy of the judgement/Final Order be uploaded in the 
Tribunal’s website.  
 
Order dictated, signed and pronounced by me in the open 
Court on this the 24th  day of January, 2024. 
 
(Anil Kumar Srivastava, J) 
Chairperson 
 
Dated : 24.01.2024 
03 /pkb 
 
 
 
 
 

3