The Tribunal appointed a Local Commissioner to oversee the removal of movable articles from the appellants' property in Gurugram. The fee of Rs. 1.50 lac shall be borne by the appellants.
Appointment of Local Commissioner for removal of movable articles and preparation of inventory.
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Order uploaded earlier be ignored. The signed final
version of the order is as under:-
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Misc. Appeal No. 29/2022 Arising out of T.S.A. No. 53/2021 (DRT, Jaipur)
M/s Kapsons Engineers Pvt. Ltd. & Ors. Vs IDFC First Bank Ltd. & Anr.
21.04.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Rajeeve Mehra, Sr. Advocate along with Mr. Rajat Katyal and Mr. Harsh Sinha, Ld. counsel for appellants
Mr. Sanjeev Singh, Ld. counsel for respondent no.1
Ms. Nidhi Mohan Parashar, Ld. counsel for respondent no.2
This matter has been taken up by me through Video Conferencing.
I.A. No.94/2022
Exemption allowed subject to all just exceptions.
Application stands disposed of.
Misc. Appeal No. 29/2022
Learned senior counsel for the appellant today prays for passing a limited order to the extent of removal of the movable articles belonging to the appellants lying in the property Plot No.554, Pace City-II, Sector-37, Gurugram (Haryana) Learned counsel prays that Local Commissioner may be appointed for overseeing the removal of the articles. He also states that there are other fixtures such as plant and equipments etc. which are fixed to the ground but today he is only praying for passing an order for removal of movable articles.
Learned counsel for the respondent no.1 and respondent no.2 have no objection to the same.
Accordingly, Ms. Shubham Mahajan (M-9711679754) is appointed as Local Commissioner to visit the aforesaid property of the appellants on a date to be fixed in consultation with the counsel for the appellants, bank/authorised officer and auction purchaser to oversee the removal of the movable articles belonging to the appellants. Ld. Counsel shall also prepare inventory of the articles being taken out and get it signed by all concerned. The Local Commissioner shall submit a report to this Tribunal along with a copy of the
inventory prepared, within a week thereafter. Copy of the paper book of the appeal be supplied to her by the appellant so that she can acquaint herself with the facts of the case. The Local commissioner can be contacted telephonically by the parties and inform her of this order. The Registry in any case is directed to contact and inform the Local Commissioner about this order. The fee of the Local Commissioner is fixed at Rs.1.50 lac, out of which 50% is to be given in advance. It is made clear that the Local commissioner fee shall be borne by the appellant.
At request of all the Ld. counsels for the parties, it is clarified that appointment of the Local Commissioner and removal of movable articles belonging to the appellant is without prejudice to the rights and contentions of the parties before the learned DRT.
List for 25.07.2022 for hearing on waiver application. Let reply to the pending applications be also filed in the meanwhile.
(CHAIRPERSON)
-pk
M/s Kapsons Engineers Pvt. Ltd. & Ors.
IDFC First Bank Ltd. & Anr.
Brijesh Sethi
As recorded by the court registry
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