Mahendra Sridhar Attarde v. the State of Maharashtra Thr. G.P. and Ors.
Case brief
What is this about?
SARFAESI Act 2002; Section 13(4); Section 17; DRT Mumbai; Securitization Application No.21 of 2020; DRAT Mumbai Appeal No.78 of 2022; order dated 21/08/2024 set aside; appellate tribunal cannot reverse or set aside directions favourable to the appellant in the appellant's own appeal when the contesting party has not challenged the tribunal's order; appellant not to be placed in a worse position; unpaid seller; agreement dated 08/01/2015; restoration of physical possession; estoppel; interim conditional possession on deposit of Rs.10 lakhs security; Flat No.706 Shiv Siddhi Lok Kailas Co-op. Housing Society Mulund West; Mahendra Sridhar Attarde v. State of Maharashtra and others; Swagat Housing Finance Company Ltd.; writ petition allowed; remand to DRAT for fresh consideration; no order as to costs.
What did the court decide?
Rule made absolute: the order dated 21/08/2024 passed by the learned Chairperson, Debts Recovery Appellate Tribunal in Appeal No.78 of 2022 is set aside and the proceedings are remanded to the Debts Recovery Appellate Tribunal for re-consideration. As an interim measure and without prejudice to the rights and contentions of either party, subject to the petitioner depositing Rs.10 lakhs by way of security before the DRAT, possession of Flat No.706, A-2, Shiv Siddhi Lok Kailas Co-op. Housing Society Ltd., Mulund (West), Mumbai shall be restored to the petitioner subject to the final outcome of the appeal; the petitioner shall not create third-party rights in the property till the appeal is decided afresh; respondent no.2 shall restore possession within one week of such deposit. All other remedies of the parties are kept open. No order as to costs.