Debts Recovery Tribunals and Appellate Tribunals
Pramod Vitthal Wani vs Godavari Laxmi Co-Operative Bank Ltd on 18 June 2024
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[SBJ] (Diary(.SA) No.688 of 2024) Page 1 of 2
18.06.2024
Sr. No.10
Diary(MA) No. 688/2024
Classifi
cation
No. of
Exh.
DIARY(MA) NO. 688/2024
Pramod Vitthal Wani & another
..Applicant
Versus
Godavari Laxmi Co-operative Bank
Ltd.
.. Respondents
Mr. Tushar Daware - Advocate for the applicant.
None for the respondent.
The matter is taken through Hybrid.
1. In this matter this Diary MA No.688/2024 filed by the learned counsel appearing for the applicant seeking withdrawal of amount of Rs.3,98,500/- vide Demand Draft No.646368 on 26th September, 2011 deposited by the applicant in Miscellaneous Application No.16/2011. The respondent bank has issued the No Dues Certificate to the applicant on 30th August, 2022 however there is a delay in filing the present M.A. for seeking withdrawal of the said amount of 619 days.
2. The counsel for the applicant has moved MA alognwith the SA seeking for condonation of delay of 470 days caused in filing the SA challenging the action taken by the respondent bank under the Securitisation Act since the respondent bank has taken the possession and sold the property of the applicant in the year 2011 the said action was under challenged. During the pendency of MA the applicant has filed Interlocutory IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[SBJ] (Diary(.SA) No.688 of 2024) Page 2 of 2
Application below Exhibit 25 seeking permission for withdrawal of the amount of Rs.3,98,500/- vide Demand Draft No.646368 on 26th September, 2011 deposited by the applicant in Miscellaneous Application No.16/2011.
3. The counsel further submits that on 19th March, 2012 this Tribunal was pleased to pass the Judgment and dismissed the MA No.16/2011. The applicant has preferred an appeal before the Hon’ble DRAT bearing Misc. Appeal No.200/2012 which was rejected.
4. I have heard the learned counsel appearing for the applicant.
5. In view of the above, I pass the following order.
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ORDER
A. The Interlocutory Application No.976/2024 in Diary No.9109/2011 for condonation of delay in filing the MA stands allowed. B. The Diary (MA) No.688/2024 stands allowed. C. The Registry is hereby directed to release the amount of Rs.3,98,500/- (Rupees Three Lacs Ninety-Eight Thousand Five Hundred only) within two weeks alongwith accrued interest. D. File be consigned to the record room.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad