Disposed

Ms Kapsons Engineers Pvt. Ltd. and Ors. v. Idfc First Bank Ltd. & Anr.

DRAT25 Jul 2022MISC APPEAL/29/2022

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal addressed the removal of auctioned goods. Directions were issued to the Local Commissioner to commence removal on a daily basis. The appellant was ordered to pay an additional fee to the LC, supply manpower, and provide an alternative venue if required, with cooperation mandated from both parties.

What did the court decide?

Local Commissioner to commence removal of goods from 27.07.2022 1.30 p.m. Appellant to pay Rs. 1.5 lakh additional fee and provide manpower/logistic support. No hindrance allowed.

Ms Kapsons Engineers Pvt. Ltd. and Ors. versus Idfc First… — Execution and Attachment | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Misc. Appeal No. 29/2022 Arising out of T.S.A. No. 53/2021 (DRT, Jaipur)

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M/s Kapsons Engineers Pvt. Ltd. & Ors. Vs IDFC First Bank Ltd. & Anr.

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25.07.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present: Mr.Rajive Mehra Ld. Sr. Advocate along with Ld. Counsel Mr. Rajat Katyal, on behalf of the appellant.

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Mr. Sanjeev Singh, Ld. Counsel for the Respondent no. 1-IDFC Bank.

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Mr. Sanjeev Kakra, Ld. Sr. Advocate for Respondent no. 2-Auction Purchaser.

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Ms. Shubham Mahajan, Ld. Local Commissioner(LC).

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This matter has been taken up by me through Video Conferencing.

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Ld. LC has submitted a fresh report.

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Ld. Counsel Mr. Sanjeev Singh for Respondent no. 1 states that goods

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have not been removed despite lapse of a considerable time.

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Ld. LC has pointed out that she not only needs the electricity but also requires the man power as well as Logistic support to remove the goods.

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Ld. Sr. Counsel for the appellant states that from 27.07.2022 onwards, the goods will be removed on day to day basis and the appellant will ensure electricity through generator as well as manpower. It is further submitted by him that at least 50 labourers and logistic support will be provided every day from 27.07.2022 from 1.30 p.m. to 6.30 p.m. for removal of goods. Ld. Sr. Counsel for the appellant further states that appellant will also bring trucks and remove the goods at the earliest and will also arrange an alternative place where the goods can be shifted.

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-: 2 :-

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It is also made clear that in case, the Ld. LC decides that more manpower is required and appellant is unable to provide the same for any reason whatsoever, the same can be provided by the respondent as well. The Ld. LC will prepare an inventory of all the goods removed from the premises.

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Ld. Counsel for the appellant states that since Ld. LC has to work continuously for about 15 days, appellant is ready to pay a further sum of Rs. 1 Lakh apart from the amount earlier fixed.

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Heard. In the opinion of this Tribunal, keeping in mind the working days which the Ld. L.C. will have to devote for carrying out the job, an additional amount of Rs. 1.5 lakh be paid to the Ld. L.C. by the appellant in addition to the fee already fixed.

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It is submitted by Ld. Sr. Counsel for the appellant that an amount of Rs. 75,000/- has already been paid to the Ld. LC and another amount of Rs. 75,000/will be paid within a day i.e. when she commences the proceedings.

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Ld. Sr. Counsels for both the parties state that they will fully cooperate with the Ld. LC in removal of goods.

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It is further made clear that no one will create any hindrance in the execution of the order.

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Let the Ld. L.C commence the proceedings for removal of goods from 27.07.2022 from 1.30 p.m. to 6.30 p.m. on day to day basis till the goods are removed.

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List this matter on 22.08.2022.

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(CHAIRPERSON)

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-ak

Ms Kapsons Engineers Pvt. Ltd. and Ors. v. Idfc First Bank Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Ms Kapsons Engineers Pvt. Ltd. and Ors. v. Idfc First Bank Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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