Debts Recovery Tribunals and Appellate Tribunals
MUKESH YADAV vs STATE BANK OF INDIA on 1 November 2019
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**DEBTS RECOVERY TRIBUNAL-III, DELHI**
Item No.26
<table border="1"> <tr> <td>SA/678/2011</td> <td>DEVENDER SINGH<br/>Vs<br/>OBC</td> </tr> </table>
Dated : 01.11.2019
Present –
(Dharminder Singh) Presiding Officer, DRT-III, Delhi
Item No.27 to 33
<table border="1"> <tr> <td>SA/79/2012</td> <td>STATE BANK OF INDIA<br/>VS<br/>PUNJAB & SIND BANK</td> </tr> <tr> <td>SA/337/2013</td> <td>SHRI MUKESH YADAV<br/>VS<br/>PUNJAB & SIND BANK</td> </tr> <tr> <td>SA/173/2012</td> <td>SHRI MUKESH YADAV<br/>VS<br/>STATE BANK OF BIKANER & JAIPUR</td> </tr> <tr> <td>APPEAL/47/2017</td> <td>MUKESH YADAV<br/>VS<br/>STATE BANK OF INDIA</td> </tr> <tr> <td>APPEAL/26/2017</td> <td>PUSHPA YADAV<br/>VS<br/>STATE BANK OF BIKANER AND JAIPUR</td> </tr> <tr> <td>APPEAL/17/2017</td> <td>STATE BANK OF INDIA<br/>VS<br/>BALAJI ENTERPRISES</td> </tr> <tr> <td>APPEAL/14/2017</td> <td>MUKESH YADAV<br/>VS<br/>STATE BANK OF BIKANER AND JAIPUR</td> </tr> </table>
Dated : 01.11.2019
Present – Sh. M. S. Saluja, counsel for the applicant bank alongwith Sh. Lalit Kumar Gupta, Authorized officer of the SBI.
Sh. S. K. Tanwar, Sh. A. K. Shukla and Sh. Abhishek Shukla, counsel alongwith Sh. Deepak, Manager of the Punjab & Sind Bank.
Sh. Anand Aggarwal, counsel for Ms. Pushpa Yadav alongwith Ms. Pushpa Yadav applicant in person.
Sh. Ashish Sharma, counsel for Mr. Mukesh Yadav.
Sh. Sumit Goswami, counsel for the PNB Hsg. Finance Ltd. alongwith Sh. Subodh *[Signature]* 4/11
Item No. 31
Pushpa Yadav
I identify
us Pushpa
Yadav.
Anand
01.11.2019
Pushpa Yadav
I identify
01.11.2019
Pushpa Yadav
I identify
01.11.2019
Subodh
01.11.2019
Subodh
01.11.2019
Subodh
01.11.2019
Subodh
01.11.2019
Subodh
01.11.2019
Subodh
01.11.2019
Subodh
01.11.2019
Subodh
Dixit, Authorized Representative of the PNB Hsg. Finance Ltd.
Sh. RR Kumar, counsel for the respondent no.4 i.e. Ms. Nirmala Devi (Appeal No.26/2017).
In the present matter, SA 173/12 titled as Mukesh Yadav Vs. SBBJ, Appeal No.47/17 titled as Mukesh Yadav Vs. SBI, Appeal No.17/17 titled as SBI Vs. Balaji Enterprises & Appeal No.14/17 titled as Mukesh Yadav Vs. SBBJ. It is being settled between the SBBJ now SBI as well as PNB Housing Finance Ltd., that the property in question i.e. 3<sup>rd</sup> floor of property bearing no.F-19/25, Sector-8, Rohini, Delhi-110085 was sold by the Recovery Officer-I, DRT-III, Delhi for an amount of Rs.67,25,000/- and the amount is lying with the DRT-III, Delhi.
Let the report of the concerned clerk be called whether the said amount is lying with DRT-III, Delhi or not. Report received and amount was ordered to be deposited with the same bank i.e. SBBJ (now SBI).
It is being agreed between the parties i.e. Sh. Subodh Dixit, Authorized Officer of PNB Housing Finance Ltd. alongwith Sh. Lalit Kr. Gupta, Authorized Officer of SBI that an amount of Rs.30.00 lacs, if being paid to the PNB Housing Finance Ltd., it would be satisfied the account of Pushpa Yadav and similarly, Sh. Lalit Kumar Gupta, Authorized Officer of SBI stated that rest of the aforesaid Pushpa Yadav SBI Laxmipathy SABG Lalit Kumar Gupta amount alongwith interest, if any would be utilized towards the account of Balaji Enterprises in RC No.103/15 and SBI will close the account being satisfied and accordingly, NOC shall be issued to the concerned parties. Accordingly, PNB Housing Finance Ltd. shall also issue NOC to the concerned parties.
Out of entire amount with SBBJ now SBI, the amount of Rs.30.00 lacs shall be disbursed to the PNB Hsg. Finance Ltd. within 10 days by SBI.
In view of the same, Pushpa Yadav appeared alongwith her counsel Mr. Anand Aggarwal stated that she has no objection towards the said agreement and she is not claiming right, title & interest qua the 3<sup>rd</sup> floor of the property bearing no.F-19/25, Sector-8, Rohini, Delhi-110085
In view of the same, Appeal No.17/17 titled as SBI Vs. Balaji Enterprises stands satisfied and Id. counsel for the SBI also stated that RC also stands satisfied. Accordingly, the present appeal stands disposed off.
Pushpa Yadav is not claiming right, title & interest qua the 3<sup>rd</sup> floor of the property bearing no.F-19/25, Sector-8, Rohini, Delhi-110085, therefore, she wants to withdraw the present appeal no.26/17 as the banks are satisfied.
Similarly, in view of the above said settlement, as the debts of SBBJ now SBI
has been satisfied, therefore, Mukesh Yadav wants to withdraw the present SA No.173/12. Accordingly, SA No.173/12 stands dismissed as withdrawn.
Similarly, in view of fully satisfaction of debts by SBI, Mukesh Yadav wants to withdraw the present Appeal no.14/17 & Appeal no.47/17, accordingly, both the appeals stand dismissed as withdrawn.
In view of the above said settlement as SBI does not claim any right, title & interest with respect to 2<sup>nd</sup> floor of the property bearing no.F-19/25, Sector-8, Rohini, Delhi-110085 and the RC has been satisfied, therefore, he wants to withdraw the SA No.79/12.
In the present matter i.e. SA No.337/13 i.e. Mukesh Yadav Vs. PSB is also pending and PSB is claiming right, title & interest qua the first and second floor of the property bearing no.F-19/25, Sector-8, Rohini, Delhi-110085 and no charge with respect to 3<sup>rd</sup> floor of the property bearing no.F-19/25, Sector-8, Rohini, Delhi-110085 as stated by the Id. counsel for the PSB as well as Sh. Deepak Jain, officer of the PSB.
In SA No.337/2013 titled as Mukesh Yadav Vs. PSB, just conclusion of the matter, it would be appropriate to call the record from the Sub-Registrar, Rohini with respect to the sale deed, which has been executed in favour of Deepak Goel and by Deepak Goel in favour of present applicant. Copy of the same shall be attached alongwith the notice by respective parties within three days upon which they are relying. The record should be called upon and the fees of the same shall be payable by the applicant herein. The applicant herein shall serve the notice to the Sub-Registrar, Rohini and file the proof of service. **Registry is directed to issue the notice accordingly. Posted to 18.12.2019.**
Accordingly, all these matters i.e. SA No. 79/2012, SA-173/2012, Appeal-47/2017, Appeal-26/2017, Appeal-17/2017 & Appeal-14/2017 except SA No.337/13 stands disposed off.
**Let a copy of same be sent to the Ld. Recovery Officer of this Tribunal.**
All the aforesaid files except SA No.337/13 be consigned to record room.
Let the copy of the said order be placed on record all the concerned file.
Now list the SA No.337/13 on 18.12.2019 for further proceedings.
(Dharminder Singh) Presiding Officer, DRT-III, Delhi
Applicant Copy of the same shall be attached along with the notes by respective parties within three days upon which they are taken. The record should be called upon and the head of the same shall be payable by the applicant himself. The applicant's name shall serve the notice to the Sub-Registrar, Rohini and the head of service Registry is directed to issue the notice accordingly. Dated 18.12.2018
Accordingly all these matters are No. 103012 SA-173012 Appeal AT 0017 Appeal-103012 Appeal-103017 & Appeal-143017 except SA No. 331161
stands disposed of. Let a copy of same be sent to the Ld. Recovery Officer of the Tehsil. All the disposed files except SA
No. 331161 be consigned to record from. Let the copy of the said order be placed on record all the concerned file. Now let the SA No. 331161 on 18.12.2018 for further proceedings.
*[Signature]* (Karminder Singh) Patna Office DPT. III. Dept.