Debts Recovery Tribunals and Appellate Tribunals
Sylvia Satinder Mehra vs BANK OF BARODA on 11 November 2020
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
(THROUGH VIDEO CONFERENCE)
ORDER SHEET
Sr. No.903
Classifi
cation
No.
of
Exh.
MISCELLANEOUS APPLICATION
NO.21 of 2020
Sylvia Satinder Mehra, Resident of
104, Tulip Building, Mantri Park
Gokuldham Mandir Lane, Shiv Sai
Santosh Nagar, Aare Milk Colony,
Mumbai – 400 065
… Applicant
Versus
1. Bank
of
Baroda
Malbar
Hill
Branch,
37-B,
Dolat
Niketan,
Ridge Road, Malbar Hill, Mumbai
– 400 006
2. M/s. Sharda Exports A Partnership
Concern, Flat No.104, First Floor,
Tulip
Building,
Mantri
Park,
Dindoshi,
Film
City
Road,
Goregaon (East), Mumbai – 400
3. Satinder L. Mehra (Proprietor of
M/s. Sharda Exports) Flat No.104,
First Floor, Tulip Building, Mantri
Park, Dindoshi, Film City Road,
Goregaon (East), Mumbai – 400
4. Bhavika M. Vaswani 601, Doctor
House, 6th Floor, Opp. Jaslok
Hospital, Peddar Road, Mumbai –
400 026
And also at
Flat No.104, First Floor, Tulip
Building, Mantri Park, Dindoshi,
Film City Road, Goregaon (East),
Mumbai – 400 065
… Defendants
Mr
Prashant Pandit i/b M/s. Pandit & Associates –
Advocates for the applicant.
Mr Anant Shinde i/b M/s. A.B. Shinde & Co. – Advocates for defendants.
Shri Deepak M. Thakkar
Presiding Officer,
11th November, 2020
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ORDER
1. The applicant has taken out this application requesting this Tribunal to decide the pending I.A. No.357 of 2020 in Appeal No.1 of 2019. The second prayer of the appellant is to permit the retrieval of the movables lying at the suit premises.
2. As far as prayer clause (a) is concerned, with the disposal of the appeal, the application stands disposed of. Therefore, question of hearing/deciding I.A. No.357 of 2020 does not arise.
3. As far as prayer clause (b) is concerned, Mr Shinde submits that the appellant should approach the receiver who is in possession of the suit premises.
4. Mr Pandit submits that the retrieval of movables will take some time and therefore, this Tribunal may direct even the receiver to permit her to retrieve the movables.
5. The movables are not hypothecated with the respondent bank and therefore, the appellant has the right to remove her belongings from the suit premises. The receiver to co-operate with the appellant as and when such request is made by her in writing for retrieval of her movables. In view of the
above, I pass the following order:
6. Miscellaneous Application No.21 of 2020 is disposed of with no order as to costs.
Sd/- (Deepak M. Thakkar) Presiding Officer, D.R.T.No.2, Mumbai Sharma
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) (THROUGH VIDEO CONFERENCE) ORDER SHEET
11.11.2020 Sr. No.903 MA No.21 of 2020 classifi- cation No. of Exh. Mr Prashant Pandit i/b M/s. Pandit & Associates – Advocates for the applicant. Mr Anant Shinde i/b M/s. A.B. Shinde & Co. – Advocates for defendants.
1. Order in Miscellaneous Application No.21 of 2020 passed separately.
Sd/- Presiding Officer, D.R.T.No.2, Mumbai Sharma