Debts Recovery Tribunals and Appellate Tribunals

BANK OF BARODA vs M/s. Hanjer Fibres Ltd on 4 August 2023

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IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI

(BEFORE HON’BLE PRESIDING OFFICER)

Sr. No.5

INTERLOCUTORY APPLICATION No.1717 of 2023

In

MISCELLENEOUS APPLICATION

NO.159 of 2017

Bank of Baroda

… Applicant

Versus

M/s. Hanjer Fibres Ltd. & Ors.

… Respondents

Mr Sachin Satpute i/b M/s. Satpute & Co. – Advocates for the applicant.

Mr Puneet Gogad – Advocate for respondents.

Shri Deepak M. Thakkar

Presiding Officer,

4th August 2023.

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ORDER

1. It is the applicant’s case that this Tribunal has no jurisdiction to issue a Recovery Certificate issued under Section 84 of the Multistate Co-operative Societies Act. The learned counsel requests the Tribunal to return the original award. Permission to withdraw the Miscellaneous Application is granted.

2. By consent, Interlocutory Application No.1717 of 2023 is allowed with no order as to costs.

Sd/- (Deepak M. Thakkar)

DRT-2, Mumbai Radhika

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET

04.08.2023 Sr. No.5 MA No.159 of 2017 classifi- cation No. of Exh. Bank of Baroda

Vs M/s. Hanjer Fibres Ltd. & Ors.

11 Mr Sachin Satpute i/b M/s. Satpute & Co. – Advocates for the applicant. Mr Puneet Gogad – Advocate for respondents.

1. The learned counsel for the applicant has presented I.A. No.1717 of 2023 supported by affidavit (exhibit- 11), which is taken on record.

2. Order in Interlocutory Application No.1717 of 2023 passed separately.

3. In view of the order passed in I.A. No.1717 of 2023, Miscellaneous Application No.159 of 2017 stands dismissed as withdrawn with no order as to costs.

4. The learned Registrar is directed to return the award to the applicant. The applicant may avail the remedy of approaching the Court of competent jurisdiction as per Law.

Sd/-

DRT-2, Mumbai Radhika

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