Debts Recovery Tribunals and Appellate Tribunals

Subhash SO Tukaram Sadawarte vs CANARA BANK on 5 January 2022

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IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

ORDER SHEET

[SBJ] (MA (Diary) No. 3/2022) Page 1 of 2

05.01.2022

Sr. No.13 MA(Diary)No.3/2022

Classifi

cation

No. of

Exh.

INTERLOCUTORY APPLICATION No.11/2022 and 12/2022

IN

M.A. (Diary) No.3/2022

Subhash Tukaram Sadawarte

..Applicant

Versus

Canara Bank

..Respondent

Mr. Shriniwas Ambad - Advocates for the applicant.

Mr. P.N. Kapadia – Advocate for the respondent.

Due to Covid 19 situation the matter is taken through Video Conference.

1. In this matter three applications have been moved one against the dismissal order dated 11th October, 2021 and another application for condonation of delay and third application for staying the possession notice. Wherein it has been clearly admitted by the counsel of the respondent bank that since the notice has been issued by the Circle Officer which is hit by the Judgment of the Hon’ble Bombay High Court in the matter of Punjab National Bank V/s. State of Maharashtra so that they are not going to take possession.

2. I am inclined to restore the Securitisation Application which is dismissed in default on 11th October, 2021 and the applicant has now come only when the possession notice has been issued.

3. The counsel for the respondent bank submits that they will be issuing fresh notice for taking possession.

4. The applicant will be at liberty to move the fresh IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

ORDER SHEET

[SBJ] (MA (Diary) No. 3/2022) Page 2 of 2

Securitisation Application as and when the notice is issued.

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ORDER

In view of the above, I pass the following order through Video Conference:

A. The Miscellaneous Application (Diary) No. 3/2022 is hereby dismissed. B. Interlocutory Application No.11/2022 for condonation of delay and Interlocutory Application No.12/2022 for stay also dismissed. C. The respondent bank is hereby directed to give 15 days’ prior notice before taking of the possession. D. File be consigned to Record Room. The parties may download the order from the official web-site which will be treated as a true copy as due to COVID 19 & staff constraints, the certified copies cannot be issued as of now till further orders.

(Vimal Gupta)

Presiding Officer

Debts Recovery Tribunal, Aurangabad

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