Debts Recovery Tribunals and Appellate Tribunals
BINA MATHUR vs ALOK TANDON on 11 September 2025
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Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 43 Case No.MA/219/2023 IN SA/64/2019 BINA MATHUR Vs ALOK TANDON Date: 11.09.2025. Proceedings through hybrid mode Present: Shri Kailash Tailor, Counsel for the Applicant Shri R N Vijay, Counsel for the Respondent Bank/FI
In this matter, on the last date of hearing, counsel for the bank submitted that if the applicant undertakes that possession shall be subject to final outcome of the appeal filed by them. They are ready and willing to give the possession on the Superdari through Court Receiver.
The undertaking has been filed by the applicant, submission is made at Bar that subject to outcome of appeal pending before Hon’ble DRAT, they are ready and willing to restore the possession. Ms. Kratika Sharma having phone no. 9636680715 is appointed as Court Receiver who shall take the possession from the bank and hand over it to the applicant.
The fee of Court Receiver is fixed as Rs. 15,000/- which will be borne by applicant.
It is made clear that applicant shall not deal with this property by letting it out and by making agreement to sell the same and shall also not make any structural changes except making renovation and strengthening the structure.
Counsel for the applicant submits that it may be possible that the structure may have got weakened because of the continuous possession by the bank.
If that is the situation, the Court Receiver shall also inspect the same. Counsel for the bank shall instruct the Authorized Officer of the Court of the Presiding Officer
Bank to be present along with structural engineer to verify the claim made by the applicant herein.
With these directions, MA stands disposed of. all pending IAs also stands disposed off, if any. Copy of Court Receiver be filed before Registrar and be taken on record. File be consigned to record as per rules. Copy of order be uploaded on website.
(Vimal Gupta) Presiding Officer