Disposed

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

DRAT13 Jul 2022MISC APPEAL/29/2022

Case brief

AI extract

What is this about?

This is an interim hearing recalling a stay on a DRT order regarding auction sale of goods. The Tribunal directed immediate commencement of goods removal while allowing the auction purchaser to seek priority electricity connection.

What did the court decide?

Direction to commence removal of goods from 16.07.2022 and priority electricity connection for the auction purchaser.

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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Ms. Kapsons Engineers Pvt. Ltd. & Ors. Vs IDFC First Bank Ltd. &Anr.

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13.07.2022 Hon’ble Mr. Justice BrijeshSethi

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Present: Mr. Rajeeve Mehra, Ld. Sr. Advocate along with Mr. Rajat Katyal, Ld. counsel for the appellants

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Mr. Sanjeev Singh, Ld. counsel for the respondent no.1

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Mr. Sanjiv Kakara, Ld. Sr. Advocate along with Ms. Nidhi Mohan Parashar, Ld. counsel for respondent no.2 - Auction Purchaser.

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

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This is an application for recalling the order dated 10.06.2022 vide which the order of the Ld. DRT, Jaipur was stayed.

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I have heard the Ld. counsel for the parties.

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Mr. Rajeeve Mehra, Ld. Sr. Advocate on instructions from briefing counsel Mr. Rajat Katyal i.e. Ld. counsel for the appellant, states that appellant will fully cooperate and will make arrangement of generator and render all other necessary assistance to Ld. Local Commissioner for removal of goods.

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Mr. Sanjiv Kakra, Ld. Sr. Advocate on instruction of Ms. Nidhi Mohan Parashar, briefing counsel for respondent no.2/ Auction Purchaser, states that it has already made the payment of arrears of electricity dues and will now apply for electricity connection also as soon as possible.

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Let the respondent no.2 approach the concerned Electricity Department with the copy of this order so that the concerned Electricity Department provides the electricity connection on priority basis and the meter is installed at the earliest for effective implementation of the order passed by the Tribunal.

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However, the above process will not in any way come in the way of removal of goods. In these circumstances, let appellant make alternative arrangements of electricity /light from any permissible source. Let all the parties cooperate with Ld. Local Commissioner.

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-: 2 :-

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Let process of removal of goods commence from 16.07.2022 on day to

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day basis.

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List on 25.07.2022 for further proceedings. Interim order so far as stay of the operation of order of DRT, Jaipur dated 31.05.2022 is concerned, it will continue till next date of hearing i.e. 25.07.2022.

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(CHAIRPERSON)

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-ap

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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Issues for consideration

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