Debts Recovery Tribunals and Appellate Tribunals
MAMTA DEVI AND ANR vs VIJAYA BANK AND ORS on 9 August 2021
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**Debts Recovery Tribunal-III, Delhi** **MA NO. 128/2021** **IN** **APPEAL-21/2019** **MAMTA DEVI AND ANR VS VIJAYA BANK &** **ORS.**
09.08.2021
Item No. 06
Present: Mr. Sunil Pandey, Ld. Counsel for applicant in MA i.e. respondent bank / CH bank.
This matter is taken up by this Tribunal through Video Conferencing at DRT, Allahabad.
2. In the present matter, one application being MA No. 128/2021 has been filed on behalf of Bank of Baroda (earlier known as Vijaya Bank) praying therein to allow the present application and thereby make directions to the registry to release the original documents including original sale deed of mortgaged property filed vide diary no. 13282 on 14.08.2019 by the respondent bank / CH bank .
3. It is stated in the MA that the respondent / CH bank filed the OA which was allowed and RC was issued by this Tribunal and same has already been settled/satisfied during the recovery proceedings and closed vide order dated 03.12.2020 of this Tribunal passed in MA No. 57/2020. It is further stated in MA that the appellant (objector in RC No. 374/2016) aggrieved with the order of Recovery Officer-II, DRT-III, dated 20.06.2019 preferred this appeal no. 21/2019 and during pendency of the appeal, CH bank filed some original documents including original sale deed of mortgaged property vide diary no. 13282 on 14.08.2019 for perusal of this Tribunal. It is also stated that this Tribunal had finally disposed off / dismissed the appeal on merit vide order dated 17.08.2019. It is further stated in MA that as the above appeal has finally disposed off and further the RC involved in the said appeal has also been closed as settled, therefore, this MA has been filed for release of original documents including original sale deed of mortgaged property.
4. Heard Ld. counsel for respondent / CH Bank. Since, the appeal has already been disposed off vide order dated 17.08.2019, accordingly, MA no. 128/2021 is hereby allowed and Registry is directed to release the original documents including original sale deed of mortgaged property filed vide diary no. 13282 on 14.08.2019 by the respondent bank / CH bank to the authorized officer of respondent / CH bank after taking on record the certified copy of the same, within 15-days from today, if not required in other cases.
5. MA file be closed and consigned to record room.
Registry of DRT, Allahabad is directed to send the scanned copy of this order to DRT-III, Delhi for uploading the same on website of DRT-III, Delhi.
(R. M. Kushawaha) Presiding Officer, DRT, Allahabad