Debts Recovery Tribunals and Appellate Tribunals
INDIAN BANK vs M/s 91 Square on 3 October 2019
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Debts Recovery Tribunal-III, Delhi
M.A no. 181 of 2019 (O.A. no.47 of 2012)
INDIAN BANK VS M/S 91 SQUARE
03.10.2019
Present: Ms. Seema Gupta, counsel for the applicant bank.
The present application has been filed on behalf of the applicant bank stating that the applicant bank has no right over the property-in-question i.e., “WZ 50A, Shyama Prasad Mukherjee Park, New Delhi,” and the affidavit has also been filed to that effect, but inadvertently, it appears in the final order that amount of Rs. 81,01,446/- together with cost, charges and future interest @12% is to be recovered from the defendants and failing which the aforesaid amount shall be recoverable from the sale of the abovementioned mortgaged property. However, the applicant bank has not claimed any right over the property. Therefore, prayed for the same in the final order.
2. Heard and the record has been perused thoroughly. Apparently, in the present matter, affidavit has been filed and again affidavit has been filed on behalf of the applicant bank seeking that they have no relief against the property mentioned above. Therefore, exercising Section 151, 152 & 153 of the CPC, the said corrections are made and the order stands reviewed to the extent that the applicant bank has no claim against the property i.e., WZ 50A, Shyama Prasad Mukherjee Park, New Delhi.
3. Accordingly, the copy of the present order be sent to the concerned Ld. Recovery Officer that the property should not be deemed as ‘mortgaged property.’
4. With the above observations, the present application stands disposed of.
File be consigned to records.
(DHARMINDER SINGH)
PRESIDING OFFICER, DRT-III, DELHI