Debts Recovery Tribunals and Appellate Tribunals
RAJENDRA BANSILAL KUNDALWAL vs AXIS BANK on 24 February 2022
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[SBJ] (MA No.34/2019) Page 1 of 2
24.02.2022
Sr. No.02
MA No.34/2019
Classifi
cation
No. of
Exh.
10
MISCELLANEOUS APPLICATION No.34/2019
Rajendra Bansilal Kundalwal
..Applicant
Versus
Axis Bank
..Respondent
Mr. K.B. Deshpande h/for Mr. S.R. Deshpande – Advocate for the applicant.
Mr. Mrigesh Narwade - Advocate for the respondent-bank.
Mr. Gajanan Sirsath – Manager of the respondent bank.
Due to Covid 19 situation the matter is taken through Video Conference.
1. Say (Exhibit-10) filed by the respondent No.1 Axis Bank to the I.A. No.294/2022 which is taken on record.
2. The applicant has filed present Miscellaneous Application No.34/2019 for condonation of 138 days delay.
3. The learned counsel appearing on behalf of the applicant submits that they are the third party builders and they were not aware of any proceedings taken by the respondent-bank.
4. There is another Interlocutory Application No.291/2022
seeking further stay. Since applicants are the builders and the Bunglow has fallen into the share of the Applicant No.7, let the bank proceed with this, subject to the rights of the unpaid seller which they decide among themselves.
IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
[SBJ] (MA No.34/2019) Page 2 of 2
5. Heard the learned counsel for the applicant, I pass the following order through video conferencing:
Citations and Judicial Treatment
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Cites
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Decisions referred to
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Overruled / Questioned
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No negative treatment found
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ORDER
A. The Miscellaneous Application No.34/2019 stands allowed.
B. The Registry is directed to register the Securitisation Application and list the matter before the Registrar for completion of pleadings on 20th June, 2022.
C. All the pending Interlocutory Applications stand disposed off.
D. File be consigned to the record room.
Both 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