Appeal in execution proceeding against mortgage property. Court declined to entertain appeal because respondent bank has not yet issued notice for taking possession. Appeal disposed without merits.
Appeal disposed; appellant liberty to file fresh appeal upon issuance of notice by respondent.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No. 201/2022 Arising out of S.A. No. 204/2021 (DRT-II, Delhi)
Masroor Ahmed Vs.
AU Small Finance Bank Ltd. & Ors.
01.09.2022 Hon’ble Mr. Justice BrijeshSethi
Present: Mr. Ashish Kumar Sharma, Ld. counsel for the appellant. Mr. Samrendra Kumar, Ld. counsel for the respondent.
This matter has been taken up by me through Video Conferencing.
Ld. counsel for the respondent has submitted that at this stage respondent bank is not going to take possession of the property in question. However, whenever the respondent Bank will go for taking possession of the property in question, 15 days’ notice will be given to the appellant.
In view of the above, the appeal cannot be entertained at this stage. However, the appellant is at liberty to file a fresh appeal, whenever, the notice has been issued.
The present appeal is disposed of accordingly. File be consigned to record room.
(CHAIRPERSON)
-ap
Masroor Ahmed
AU Small Finance Bank Ltd.
Brijesh Sethi
As recorded by the court registry
2 orders share this CNR
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