Sarfaesi

Yes now the matter will be dealt by DART.

When the matter is pending before the competent DRAT, why you are approaching the DRT ?  Interim matters can be taken before the DRAT.

ravindran nair   

Dear Kumar

Mr. Nair is right

Sorry to inform that my question is : Alleged tenant approached DRT under sarfaesi Act and the said SA dismissed by DRT . Appeal filed before DRAT but no stay of DRT order . Tenant approached DRT for extension of protection which was orginally grnated while dismissed his SA by DRT. whether DRT is functious officio? or not can it pass order Misc App in dismissed SA.  

for tenancy matters DRT has no jurisdiction .

dear Mr.Kumar,

It is there in your querry that the appeal before the DRAT is filed and the position is that no stay has been granted by the DRAT.  DRAT is the right forum you have to approach for any interim order or direction.   

Dear Mr.Rajendra Kumar,

I vouch the views of Mr.Ravindran Nair. The DRT has dismissed the petition and an appeal has been filed before DRAT. While dimissing the petition, it is obvious that the petitioner does not have merit in that case. Morever, when an appeal before the DRAT is filed, the DRT does not have jurisdiction in intervening an appeal which is pending before the DRAT. No miscellaneous petition can be filed before the DRT when the matter is pending before the DRAT.  The only option which was available to the applicant was to file  a review before filing an appeal before the DRAT.

For example: If an appeal has been dismissed by the high court and a SLP has been filed before the Supreme Court, no miscelleneous application can be filed before the High Court on the same suject.