Debts Recovery Tribunals and Appellate Tribunals
RASHANWALA FOOD PROCESSING PVT LTD vs VIJAYA BANK on 30 September 2021
IN THE DEBTS RECoVERY TRIBUNAL, LUCKNOW
Present: A.H. Khan, Presiding Ofticer
Date of order 30-09-2021
M.A.No.13 of 2021 (SI.No.53 Jabalpur)
Present:-
Counsel for the applicant
Mr.Satish Agarwal
Counsel for the bank
Mr.Arun K.Mishra
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. Final arguments heard. The present MA has been filed by the applicants praying for extension of
2. time to vacate the subject property and for grant of further 6 to 8 months' time to vacate the house if issue with the bank is not resolved during said time period. Applicants have also prayed to suspend the order dtd.29-04-19 passed by DM, Raipur. . The main contention of the Counsel for the applicants is that Mr.Harshad Vashistha, who was the key person, was suffering from a serious disease "Chronic Pancreatitis" with Pancreas Divisum and was continuously ill after the order dtd.15-05-19 and has finally died on 10-01-21. That applicants have no intention to run away or not to resolve the issue with the bank. That applicants are in talks with prospective buyers for sale of factory at Raipur and would immediately approach the bank and resolve the issue with the bank.
4. Counsel for the bank had filed reply to the MA wherein it is contended that applicants have not complied with order dtd.15-05-19 despite lapse of over one year from the expected date of compliance. That applicants are trying to linger the recovery proceedings without handing over the subject properties.
4.
5. Duly considered submissions and perused the records. Counsel for the applicants contends that he is praying for extension of time on humanitarian grounds, He further submits that applicants are praying for extension of time till 31-12-21 and shall vacate the subject property peacefully in case they are not able to resolve the matter with the bank. Counsel for the bank, on the other
5. nand, contends that the present MA itself is not maintainable and deserves to be dismissed. tis seen that applicants have enclosed Annex.A-2 alongwith MA Crein copies of prescriptions, certificate and discharge summary are annexed. Page 234 is the Certificate dtd.11-02-21 wherein it is stated that r.larshad Vashishtha was under treatment from May 2019 till January 2021
Page 237 is the Death Certificate stating that said Mr.Harshad expired on 10-01-21. In these circumstances, taking a lenient view and on humanitarian grounds, time for vacating the premises in compliance of order dtd. 15-05-19 is
6. extended upto 31-12-21. The order dtd.29-04-19 passed by DM, Raipur shal be kept in abeyance till 31-12-21. In case applicants fails to settle the dues of the bank by 31-12-21, they shall hand over peaceful and vacant possession of the entire residential property i.e. B-7 & B-8, Avanti Vihar to the bank. On failure of the applicants to comply with the above order, the bank may proceed ahead with the execution of the order dtd.29-04-19 passed by DM, Raipur, for recovery of its dues. With these directions, the present MA stands finally disposed of. 7 File be consigned to record room. (A.H. Khan) Presiding Officer Addl.Charge DRT Jabalpur