Debts Recovery Tribunals and Appellate Tribunals
INDIAN OVERSEAS BANK vs JASMIN CHEMICAL AND ANR on 9 May 2023
**IN THE DEBTS RECOVERY TRIBUNAL-II AT AHMEDABAD
(Laxman Madnani, Presiding Officer)**
M.A.No.12 of 2023
Date of Filing : 28.04.2023
Date of Decision : 09.05.2023
INDIAN OVERSEAS BANK
.....APPLICANTS
VERSUS
M/S.JASMINE CHEMICALS & ORS.
.....RESPONDENT
Appearance:
Ms.Harshada Darji, Ld. Counsel appeared for the Applicant Mr.Ritesh Patadia, Ld. Counsel appeared for the Defendants
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.
ORDER
1. 1. Today, this matter has come up for hearing.
2. 2. Ld. Counsel for the Applicant Bank submitted that the present Misc. Application is filed by the Bank pursuant to the disposal of S.A. No. 125 of 2023 by this Tribunal vide order dated 03.03.2023, which was filed by the Defendants herein, challenging the actions/measures taken by the Applicant Bank under the SARFAESI Act, 2002. It is submitted that the Applicant Bank is seeking modification of the final order dated 03.03.2023 passed in S.A. No.125/2023, since the bank has issued sale notice for auction of the property in question, which is scheduled on 10.05.2023.
3. 3. Ld. Counsel for the Applicant Bank today has filed a purshis at Ex.A/06, submitting *inter alia* that the Defendants herein, have also filed M.A. No.11/2023, wherein they have submitted a purshis for disposal of said M.A. in view of settlement arrived between the parties therein. As such, it is submitted that the present Misc. Application may also be disposed of, accordingly by passing appropriate orders.
4. 4. Ld. Counsel for the Defendants submitted that in view of the purshis filed by the Defendants in connected M.A. No.11/2023 and in view of the submissions made by the Ld. Counsel for the Applicant Bank in the purshis so filed at Exh.A/06, he has not objection if the present Misc. Application is disposed of.
5. 5. Considering the submissions made by the Ld. Counsel for the parties that the matter has been settled between the parties, I deem it proper to dispose of the present Misc. Application, accordingly.
6. 6. M.A. No.12 of 2023 stands disposed of along with all pending applications, if any, with no order as to cost.
7. 7. File be consigned to records.
(LAXMAN MADNANI) PRESIDING OFFICER DRT-II, AHMEDABAD