Debts Recovery Tribunals and Appellate Tribunals
SANDHYARANI SHENDE vs MOTILAL OSWAL HOME FINANCE LTD on 23 October 2026
BEFORE THE DEBTS RECOVERY
APPELLATE TRIBUNAL, AT: MUMBAI
Present: Justice Vivek Bharti Sharma, Chairperson
I.A. Diary No. 884/2026 (Contempt)
And
I.A. No. 365/2026
In
Misc. Appeal Diary No. 75/2026
Between
Sandhyarani Shinde & Anr.
… Appellant/s
V/s.
Motilal Oswal Home Finance Ltd. & Ors.
…Respondent/s
-: Order dated: 23/10/2026: -
1. Present as under:
Mr. Narendra L. Karamchandani, Counsel for Applicant. Mr. Padmakar Garad along with Mr. Suraj Gupta i/b M/s. S. G. Legal & Associates, Counsel for Respondent Nos. 1 & 2. No representation for other Respondents despite repeated calls.
2. Heard on Application (Diary) No. 884/2026.
3. This application is filed with prayer to conduct the enquiry in respect of the acts, omissions and commissions by the concerned officer of Respondent Nos. 1, 2 and Mr. Subhas Rajesh Dube, Authorised Officer, with regard to the violation of the order passed by this Appellate Tribunal in its order dated 21.01.2026.
4. The Learned Counsel for the Applicant would submit that vide
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order dated 21.01.2026, the Learned Predecessor Chairperson had directed as under :
“ If at all auction purchaser has not paid the sale consideration within the time mandatorily allowed then there shall be an order not to confirm the sale till the next date of hearing ”. However notwithstanding that the Respondent No. 1 & 2 have not only extended time to make the payment but also issued the sale certificate and handed over the possession also to the auction purchaser.
5. Per Contra, the Learned Counsel for the Respondent would submit that the time had already been extended however, the Counsel for Respondent could not submit that on what date the extension of the time was granted.
6. Issue notices to the Managers of Respondent Nos. 1 and 2, directing them to remain present in person and file affidavits stating the details and dates of the various actions taken by them after 21.01.2026, in the light of the direction issued by the Learned Predecessor Chairperson.
7. Another application I.A. No. 365/2026 was filed to implead the auction purchaser , Mr. Waseem Wahid Khan as Respondent No. 5.
8. Not objected to by the Counsel for Respondent.
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9. Accordingly, I.A. No. 365/2026 is allowed.
10. Amended memo of parties be filed within two weeks.
11. In the meantime, Respondent No. 5, so impleaded, is directed to maintain status quo with regard to the subject property till the next date of hearing.
12. The Learned Counsel for the Applicant is directed to serve a copy of this order upon Respondent No. 5 within 24 hours and file an affidavit of compliance before the next date of hearing.
13. The Learned Counsel for Respondent No. 1 is also directed to inform the Respondent No. 5 about this order.
14. List the matter on 11.12.2026 for hearing. Sd/- Chairperson 23.10.2026
VKC-22
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