Debts Recovery Tribunals and Appellate Tribunals

DENA BANK ( BANK OF BARODA ) vs M/S ROHIT PACKAGING INDUSTRIES AND ORS on 16 September 2021

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**Debts Recovery Tribunal-III, Delhi**

**MA NO. 123/2020**

**IN**

**TA NO. 05/2003**

**DENA BANK (BANK OF BARODA) VS M/S ROHIT PACKAGING INDUSTRIES AND ORS**

16.09.2021

Item No. 58

Present: Mr. Sunil Prasad, Ld. counsel for applicant bank.

Mr. Z. A. Hashmi, Ld. Counsel for auction purchaser.

This matter is taken up by this Tribunal through Video Conferencing.

2. In the present matter, one application being MA No. 123/2020 has been filed on behalf of applicant bank praying therein to pass an order for release of the original title documents in respect of the auction property i.e. Ex. PW-1/8 lying in the file/office of DRT-III, Delhi to applicant bank.

3. It is stated in the MA that in the present case applicant bank filed original title deeds on 02.01.2002 and the said property i.e. property comprising of agricultural land measuring 13 Kanal and 2 Mala in Khewat No. 62, Khatuni no. 93 Killa No. 23/24(5-2), 25(8-0), village Bhausru Khurd Tehsil Sampla, Distt. Rohtak, Haryana, was sold by way of auction on 27.11.2002 under the orders of Ld. Recovery Officer of DRT-III, Delhi. It is further stated that the auction purchaser namely M/s

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Esteem Oils Pvt. Ltd. paid the fund auction price and the sale of the above property was confirmed in the name of auction purchaser vide order passed by Ld. Recovery Officer of DRT-III, Delhi on 22.01.2003 and certificate of sale was in favour of Auction Purchaser. Hence, this MA has been filed.

4. In the present matter, one application being IA No. 1131/2021 has also been filed on behalf of auction purchaser for early hearing of MA No. 123/2020 and for further directions.

5. Heard Ld. counsel for applicant bank and also gone through the record of this case. In the light of averments made in MA, this MA is hereby allowed and Registry is directed to release the original title deeds of the mortgaged property i.e. PW-1/8 to the authorized officer of applicant bank within 15-days, after keeping certified copy of same on record.

6. In the light of above order passed in MA No. 123/2020, IA No. 1131/2021 filed on behalf of auction purchaser also stands disposed off accordingly.

7. File be consigned to record room.

Sd/- (R. M. Kushawaha) Presiding Officer, DRT, Allahabad Addl. Charge, DRT-III, Delhi

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