DELHI HIGH COURT: EXTENSION OF INTERIM RELIEF AT THE TIME OF REMAND SUBJECT TO PRIMA FACIE FINDING IN PETITIONER'S FAVOURI DEBT RECOVERY

The Delhi High Court in the case Mis Deco Industries India v. JM Financial Assets Reconstruction Company Ltd through its AO Kumar Gaurav and Ors observed and has held that an interim order granted by the Debts Recovery Appellate Tribunal, DRAT during the pendency of appeal was not required to be extended in pursuance of remand, without prima facie finding on the need for such an order.

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The Division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan in the case observed and has dismissed the present writ plea and has dispelled the contention raised by the petitioner-Deco's that the interim order in its favor ought to have been extended.

The court observed that if the same is being accepted, the in every case where the Court decides to remand the matter to the Court of first instance or any Adjudicating Authority for consideration and till the time the matter is considered - the same would require continuation of the interim orders, even if, prima facie, a case for such orders has not been established.