The Tribunal remanded a special appeal back to the Debt Recovery Tribunal for disposal within two months and continued a stay on SARFAESI measures against secured assets.
Remand of the special appeal to the Debts Recovery Tribunal with a direction to dispose within two months; continuation of stay on SARFAESI measures.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 15/2022
Between
Shri Pradeep Gordhandas Vora … Appellant/s V/s. Housing Development Finance Corporation …Respondent/s Limited
Ms Ferzana Behramkamdin, a/w Ms Bharti Bhanushali, i/b M/s. FZB & Associates., Advocate for Appellant.
Mr Charles DeSouza, a/w Ms Mithila Damle & Mr Shantanu Ray., Advocate for Respondent
-: Order dated: 15/07/2022:-
The Appeal is filed impugning the order in I.A. No. 594/2021 in S.A. No. 52/2020 on the file of D.R.T.-I, Mumbai in which the Ld. P.O. had declined to grant the stay sought. The Appeal was taken up today after the application for waiver of deposit, directing payment pre-deposit was ordered and compiled. Stay of all further proceedings pertaining to the Sarfaesi measures taken against the secured assets, was granted.
When the matter comes up for hearing before this Tribunal today, it was proposed whether the S.A. which is of the year 2020, could itself be disposed on merits if the parties get ready. The Ld. Counsel appearing for both parties agree to that. Accordingly, without going to the merits of the impugned order, and since the pleadings are completed, I remand the matter back to the D.R.T. with a direction that the S.A. No. 52/2020 on the file of that
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Tribunal shall be disposed of as expeditiously as possible. and at any rate within the period of two months from the date of receipt of this order.
The stay granted by this Tribunal shall continue till the disposal of the S.A.
Sd/Chairperson
mks-31
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Shri Pradeep Gordhandas Vora
Housing Development Finance Corporation Limited
Ashok Menon
As recorded by the court registry
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