Debts Recovery Tribunals and Appellate Tribunals
Garima Enterprises vs UCO BANK on 28 May 2021
Court of the Presiding Officer
Debts Recovery Tribunal-I, Chandigarh
M.A. no. 27/2021 (In S.A. No. 103/2018)
Garima Enterprises V/s UCO Bank
Date: 28.05.2021
Present through Video Conferencing:
Shri Rajnesh Chauhan, Counsel for the Applicant This MA is filed in SA No. 103/2018, which was disposed off as dismissed by this Tribunal, vide order dated 18/03/2021, on the ground of limitation.
Present applicant, is respondent, as Auction purchaser, of the mortgaged property.
This MA is filed, with a prayer of modification of order dated 18/03/2021, to the extent that the observation be removed, as respondent bank, is not giving peaceful possession of the mortgaged property, purchased by him, through auction.
The observation is as under:-
"SA filed by willful defaulter in connivance with other, respondents (except respondent bank) in order to frustrate the recovery proceedings, therefore, the applicants are not entitled for any kind of relief."
Ld. Counsel for, the applicant submitted that, he approached to the respondent bank for handing over possession of the auction property, through letter dt.
23/03/2021, but respondent bank, refused to handover the same, on account of above said observation, through letter dt.
12.04.2021.
On account of refusal of respondent bank, this MA was filed seeking possession, after appropriate modification in the order dt. 18/03/2021.
Heard arguments and perused the record it’s a fact, that all the applicant in SA no. 103/2018 and present auction purchaser are family member but as SA was dismissed on account of limitation, so the auction purchaser, present applicant is entitled to get possession of the property, in question, purchased, by him.
Perusal of letter dt. 23/03/2021, (Annexure A/2) written by the MA, applicant to the respondent bank, goes to show that Court of the Presiding Officer Debts Recovery Tribunal-I, Chandigarh
the
applicant
filed
various
complaints
before
different
authorities, including banking Ombudsman, Chandigarh, as admitted in letter dt. 23/03/2021.
As of now, SA no. 103/2018 filed by the applicant, stands disposed of as dismissed on account of limitation, therefore, applicant is entitled to get possession of the said property in question, but I am of the considered view, that the applicant may keep continue, filing of complaints, against the officials of respondent bank, after getting possession, so some conditions, are required to be imposed before passing on order of handing over possession to the applicant.
Accordingly, following order is passed:-
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. The applicant, Mr. Vishal Sood S/o. Late Sh. Vijay Kumar Sood, the auction purchaser, will take back, all the complaints in writing to all the authorities, within a week's time.
2. The applicant, will file copy of all letters seeking withdrawal of all complaints, as directed hereinabove, with the respondent bank and will undertook, in writing to not to file any complaint, against any officials of the bank, in any manner.
3. The respondent bank, after getting letters and undertaking, as directed in above said paras, shall handover, the peaceful possession of the mortgaged property in question, within 3 working days. As the applicant will get possession, of the mortgaged property as auction purchaser, so order dt. 18/03/2021, needs, no modification. With the above said observations, this MA, stands disposed off. Copy of the order be given free to the concern parties. File be place before the Registrar for compliance. After compliance file be tagged with its Securitization Application.
(VIVEK SAXENA) Presiding Officer DRT, Jaipur (Add.charge DRT-I, Chandigarh)