Mohammed Muhibuullah A vs Cholamandalam Investment And Finance Company Limited

Learned Counsel for both sides are present.

This appeal is filed against interim order dated 27.5.2024 passed by Learned Presiding Officer, DRT, Madurai in IA No.1996 of 2024 in SA No.341 of 2024 whereby Appellant was directed to pay 40% of the remaining outstanding amount, apart from payment of Rs.15.00 lakhs.

It is submitted by the Learned Counsel for the Appellant that the first instalment of Rs.15.00 lakhs was paid, and out of the second instalment of Rs.45,99,000/-, Rs.30.00 lakhs was paid. Aggrieved against the interim order passed in IA No.1996 of 2024 in SA No.341 of 2024, this appeal is filed. SA No. 341 of 2024 has been filed to set aside the sale notice dated 7.5.2024, fixing the sale on 27.5.2024.

It is now informed by the Learned Counsel for R1 and R2 that the sale is over and the sale certificate has been issued.

In response, Learned Counsel for Appellant submitted that Appellant filed an application for amending the prayer in the Securitization Application to challenge the sale and also implead the auction purchaser.

Since this appeal is only against the interim order, and SA No.341 of 2024 is still pending, this Tribunal is of the view that this appeal can be disposed of by giving directions to the Learned Presiding Officer, DRT, Madurai to dispose of SA No.341 of 2024, as quickly as possible.

Accordingly, this appeal is disposed.

The points raised before this Tribunal can be raised by the Appellant before DRT, Madurai.

Parties are directed to bear their own costs.

Pending IAs, if any, stand closed.