1. As against the measures taken under Section 13(4) of the SRFAESI Act, 2002 the respondent preferred a petition/appeal in ASA-23/2007 before the DRT (Karnataka) at Bangalore, wherein the respondent prayed for interim re-delivery of possession of the property and the same was allowed by the DRT by its order dated 31.1.2007. Aggrieved by the same, this appeal has been filed.
I have heard the learned Advocates for the appellant and the respondent.
2. A similar question arose in the case of The Authorised Officer, Indian Bank v. The DRAT, Chennai and Ors. W.P. No. 46413/2006 and MP-1/2006, wherein Division Bench of the High Court, Madras by its Order dated 7.12.2006, has held: "6. This Court is of the view that there was no occasion for the Tribunal or the Appellate Tribunal to order re-delivery of possession of the property in question without final determination of the issue" thereby meaning interim re-delivery is not permissible. This case also arose in respect of the proceedings taken under the SRFAESI Act. Applying the above said principles, I have to allow the appeal, by setting aside the order of the DRT, directing the appellant to give interim possession of the property during the pendency of the application/appeal before the DRT.3. In the result, the appeal is allowed to that extent and the remaining part of the order passed by the DRT is left unaltered.