CANARA BANK vs SHRI PREMKUMAR DEVANDAS K KISHNANI on 16 January 2020

Date 16.01.2020

D.R.T.-II, Mumbai, At : Vashi Before Shri T.S. Asokraj, I/c. Presiding Officer Roznama in Appeal No.3 of 2020 [Mr. Sachin Prem Kishnani & Ors. Vs. Canara Bank & Ors. ] Next Date

Exh.14 Resumed, Mr. Sunil Humbre, i/b. Mr. Sandeep Wasnik, Adv. for the appellants present. Ms. Vaishali Bhilare, Adv. for the respondent bank present. Affidavit-in-reply filed by advocate appearing for the respondent bank. This appeal is against the order dt.04.12.2019 passed by the Learned Recovery Officer [Ld. R.O.] in respect of Interim Application [Exh.254] taken out by the appellant as intervener seeking to intervene in the matter and seeking certain reliefs. The order passed on 04.12.2019 states that the sale has already been conformed on 28.11.2019 and objection by the intervener has been filed on 04.12.2019. Therefore, at this juncture, objection cannot be entertained. Apart from the order not providing the reasons, advocate for the appellant submitted that he was not heard also when he moved the I.A. For want of reasons in the order, it is difficult to make out on what ground the Ld. R.O. has disposed of Exh.254 application. As such, order dt.04.12.2019 passed by the Ld. R.O. is hereby set aside without making any observation thereon and remanded back to the Ld. R.O. who can hear both the parties and then pass a reasoned order. The parties are directed to approach to the Ld. R.O. on 27th January 2020. Advocate for the appellant apprehends possession taking by the respondent bank, Tribunal is directing him to approach the Ld. R.O. for appropriate relief. With this order, Appeal No.3 of 2020 stands disposed of. Proceeding closed. Sd/- I/c. Presiding Officer, D.R.T.-II, Mumbai At : Vashi