Debts Recovery Tribunals and Appellate Tribunals
DINESHKUMAR MURLIDHARRAO INANI vs MAHARASHTRA STATE COOPERATIVE BANK on 22 May 2024
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[SBJ] (MA No.13/2015) Page 1 of 2
22.05.2024
Sr. No.12
MA No. 13/2015
Classific
ation
No. of
Exh.
MISC. APPLICATION No.13/2015
Dineshkumar Murlidharrao Inani
..Applicant/s
Versus
Maharashtra State Co-Operative Bank &
others.
..Respondent/s
Mr. A.A. Yadkikar - Advocate for the applicant.
Mr. Sanket Suryawanshi - Advocate for the respondent.
The matter is taken through Hybrid.
1. In this matter the applicant is a third party having as an unpaid seller as per the Contract Act. He moved these petitions for he has charge as unpaid seller.
2. The right of the unpaid seller shall be a priority because the goods which have been supplied if the payment is not made after the sale, balance payment has to be made to the person holding a charge as unpaid seller.
3. Now who has to pay whether the purchaser has to pay or the bank has to pay that is a matter of recording of the evidence and cross-examined that means the trial has to take place.
4. Proceeding before this Tribunal are summary in nature therefore the matter which require extensive trial has to go to Civil Court only as right of unpaid seller can be enforced IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[SBJ] (MA No.13/2015) Page 2 of 2
in Civil Court only. Since the applicant has bonafidely pursing his remedy before this Tribunal the period from the date of auction till uploading of the orders shall be excluded from the limitation as in pursing in the wrong court.
5. With these directions this Miscellaneous Application No.13/2015 shall be disposed off.
6. In view of the above, I pass the following order.
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ORDER
A. The Miscellaneous Application No.13/2015 stands disposed off. B. Since the applicant was bonafidely pursing his remedy before this Tribunal the period from the date of auction till uploading of the orders shall be excluded from the limitation as being pursing in the wrong court in case he wish to avail remedy in Civil Court. C. File be consigned to the record room.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
Uploaded on 22/05/2024