Debts Recovery Tribunals and Appellate Tribunals
NKGSB COOPERATIVE BANK LIMITED vs MR NANINESH V SANGHAVI HUF on 11 July 2025
11.07.2025
Exh. Roznama-MDRT-II
M.A. No.83 of 2025
Next date
Mr Mohit Shamdasani, Advocate for
the Applicant.
None for Respondent.
Service affidavit (exhibit-6) and
additional affidavit (exhibit-7) filed
by Ld. Advocate for the Applicant.
The Applicant preferred this M.A.
praying this Tribunal to appoint any
Court Commissioner to execute the
Order dated 09.04.2025 and to hand
over
the
peaceful
and
vacant
possession of Flat No.52, Manu
Bhavan, Bhagat Singh Road, Vile
Parle (W), Mumbai (for short, ‘the
subject property’), to the Applicant
by breaking open the locks put up on
the said subject property and also
prays for directions to the Ld.
Registrar to release the amount of
Rs.70 lakhs along with accrued
interest lying with this Tribunal.
Ld. Advocate further submits that
the Applicant does not press for any
relief at this stage regarding prayer
clauses (b) and (c).
Heard
Ld.
Advocate
for
the
Applicant. Perused the Record.
According
to
the
Applicant’s
affidavit, no stay is in force from any
higher forum.
Mr Jitendra K. Jadhav, Advocate
present in Court and is ready and
willing
to
perform
as
Court
Commissioner,
so,
he
is
being
appointed
as
the
Court
Commissioner to provide peaceful
possession of the subject property,
i.e., the flat in question after proper
Panchanama. In case there is any lock
on the door, it can be broke open as
per
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Judgment
and the police assistance may be taken if required. The remuneration of the Court Commissioner is fixed at Rs.10,000 which shall be borne by the Applicant Bank and the Applicant Bank shall also bear the travelling
nrb - 08 expenses. The Ld. Registrar is directed to release the amount of Rs.70 lakhs with accrued interest to the Applicant. M.A. No.83 of 2025 is allowed and disposed of accordingly. File be consigned to the Record Room after due compliance. Sd/- P.O. DRT-II
Closed