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NON-REPORTABLE     

IN THE SUPREME COURT OF INDIA                     CIVIL ORIGINAL JURISDICTION

CIVIL APPEAL NO. 2822 OF 2015           (Arising out of SLP(C)NO.21260 OF 2011)

   ARUNBHAI KALYANBHAI SUTARIYA          ... APPELLANT  

               VS.

   NUTAN NAGRIK SAHAKARI BANK LTD & ANR.       ... RESPONDENTS

      J U D G M E N T

ANIL R. DAVE, J.

1. Leave granted.

2. Upon hearing the learned counsel, we have learnt that  

the appellant has already filed an appeal before the Debts  

Recovery Tribunal at Ahmedabad (DRT), being Securitisation  

Appeal  No.38  of  2001,  which  is  pending.  Similarly,  the  

Respondent-Bank has also filed an appeal before the Gujarat  

State Cooperative Tribunal against order dated 4th November,  

2003, passed by the learned Board of Nominees at Ahmedabad  

in Lavad Case No.39 of 2000.

3. As both appeals are pending,  we would not like to  

entertain this appeal on merits.   We direct the DRT and  

the  Gujarat  State  Cooperative  Tribunal  to  decide  the  

appeals pending before them within three months from the

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date of receipt of a copy of this order.

4.  During the pendency of afore-stated appeals before  

the Appellate Authorities, no coercive steps shall be taken  

for recovery of the amount under the provisions of the  

Securitization and Reconstruction of Financial Assets and  

Enforcement of Security Interest Act, 2002 (SARFAESI Act).

5. The question of law with regard to applicability of  

the  SARFAESI  Act,  2002  and  the  Multi-State  Cooperative  

Societies Act, 2002, is kept open.

6. The Registry shall give intimation of this order to  

the afore-stated authorities.

7. In  view  of  the  above  order,  the  appeal  stands  

disposed of with no order as to costs.

        ..............J.

[ANIL R. DAVE]

..............J. [KURIAN JOSEPH]

New Delhi;     10h March, 2015.