In Misc. Appeal No. 131/2022, the Rajasthan High Court held that possession cannot be taken without serving notice on a missing party.
Possession handed over subject to the ultimate result of the Appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
Misc. Appeal No. 131/2022
Between
Mr. Sachin Navin Shergar … Appellant/s V/s. Authorized Officer, …Respondent/s L & T Housing Finance Ltd. & Ors.
Mr. Sujeet Kurup, Advocate for Appellants.
Mr. Tapan Agrawal, along with J. Parekh, Advocate for Respondent No.1
Ms. Sophia Mhasvedkar, Advocate for Respondent No.2
The learned counsel for the Appellant submits that the possession is scheduled to be taken over on 22nd of this month, and therefore, seeks an interlocutory order. No such order can be passed without serving notice on Respondent No.3 who is an essential party to this proceeding.
Hence, it is made clear that the possession of the subject property handed over shall be subject to the ultimate result of this Appeal.
Post on 27.01.2023 for hearing/completing service.
Chairperson
psa-02
1
1 issue framed by the court
Whether possession can be taken without serving notice on Respondent No.3.
Mr. Sachin Navin Shergar
Authorized Officer
Ashok Menon
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
