Neutral Citation No. - 2025:AHC:52182-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 224 of 2025 Appellant :- M/S Western U.P. Coal And Fuel System Rampur Road And 2 Others Respondent :- Bank Of Baroda, Kanth Road Branch And 3 Others Counsel for Appellant :- Udai Chandani Counsel for Respondent :- Maneesh Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. In Re: Civil Misc. Delay Condonation Application No.02 of 2025 Appeal has been filed with a delay of 42 days. Cause shown is sufficient. Application is allowed. Delay is condoned. Order on Appeal Heard Shri Nitin Chandra Mishra, learned counsel for the appellant, Shri Manish Mehrotra, learned counsel for the respondent-Bank and Shri Rajesh Yadav, learned counsel for the respondent no.2. This appeal is preferred against an interim order passed by the learned Single Judge on 03.01.2025 in Writ C No.43432 of 2024, in writ petition filed by the respondent- Bank of Baroda, aggrieved by the order of status quo passed by the Debt Recovery Appellate Tribunal. The contention before the learned Single Judge was that even before adjudicating the waiver application the appellate authority has proceeded to pass an interim order of status quo. It was submitted that the stay application could have been considered only after the waiver application was allowed, inasmuch as the defaulter had not deposited the amount required to be deposited as pre-condition for filing of the appeal. Submission was that the appeal itself was incompetent and no interim order could be passed. Learned Single Judge has found substance in the contention of the Bank and has passed the interim order. The writ petition is pending. It is at this stage that the appeal has been filed stating that irreparable injury would be caused unless the property itself is protected under the orders of the Court. Having considered the respective submission, we find substance in the contention of the Bank counsel that unless waiver application was allowed, there was no competent appeal in the eyes of law and consequently no interim order could have been passed, therein. Faced with the observation of the Court, learned counsel for the appellant submits that the matter be remitted back to the Debt Recovery Appellate Tribunal for consideration of the waiver application and the pending stay application in the securitization appeal. Shri Manish Mehrotra, learned counsel for the respondent- Bank has no objection to such prayer. Considering the fact that waiver application of the defaulter has not yet been allowed, we find that there was no occasion for the DRAT to have passed any interim order in the matter, at this stage. As such the order under challenge before the learned Single Judge cannot be sustained. With the consent of learned counsel for the parties the writ petition is taken on board and is disposed of by this Court setting aside the order dated 06.11.2024 passed by the Debt Recovery Appellate Tribunal. We request the Debt Recovery Appellate Tribunal to accord consideration to the appellant's pending waiver application and based upon the decision taken on the waiver application, to proceed further, in accordance with law. Liberty stands reserved to the appellant to move an application and press for fixation of an early date for consideration of waiver/ interim application. Accordingly, this intra Court appeal and the writ petition No.43432 of 2024 are disposed of. Order Date :- 9.4.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad