In a debt recovery appeal regarding property possession and deposit, the Tribunal heard an interim proceeding where the respondent was absent. The Tribunal stayed the contempt proceedings before the Deputy Recovery Tribunal until the next hearing.
Stayed contempt proceedings before the DRT-Jaipur until the next hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 100/2022 In Misc. Application No. 98/2022 Arising out of S.A. No. 88/2022 (DRT, Jaipur)
HDB Financial Services Ltd. Vs
Shyam Singh Rathore
16.09.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Gaurav Srivastava, Ld. Counsel for appellant FI.
None for respondent.
This matter has been taken up by me through Video Conferencing.
Appeal No.100/2022
The present appeal has been filed by the appellant to quash and setting aside the impugned order dated 15.06.2022 passed by the Ld. PO, DRT-Jaipur.
The Ld. Counsel for appellant FI submits that vide order dated 15.06.2022 the Ld. PO, DRT-Jaipur has directed the appellant FI to restore the possession of the mortgaged property in favour of the S. Applicant immediately and S. Applicant was directed to deposit the amount as prayed in para 5.5. of the S.A. in the light of order dated 06.04.2022.
The FI was directed to handover the possession of the property to S. Applicant within two working days. The S. Applicant was directed to deposit the amount as claimed within a period of two months.
The Ld. Counsel for applicant FI states that respondent has not deposited the amount consequent to the order passed by 15.06.2022. On the other hand a contempt application has been filed by the respondent and listed for hearing today before Ld. PO, DRT-Jaipur and he prays for stay of the said proceedings.
None has appeared on behalf of respondent despite service. Heard. In view of the facts explained above, the contempt proceeding before Ld. DRTJaipur are stayed till next date.
Let respondent again be served by all permissible modes for 27.10.2022.
(CHAIRPERSON)
N
HDB Financial Services Ltd.
Shyam Singh Rathore
Brijesh Sethi
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
