Single-hearing order restraining the bank from parting with possession of the mortgaged property until the next date pending reply filing.
Possession of the property shall not be parted with till the next date.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 184/2022 Arising out of S.A. No. 43/2021 (DRT-II, Delhi)
Blessings Institute of Management & Technology & Anr. Vs
Bank of India
09.11.2022 Hon’ble Mr. Justice Brijesh Sethi
Present: Mr. Sanjeev Bhandari along with Mr. Vipin Singh, Ld. Counsel for appellant.
Mr. S.V. Tyagi, Ld. Counsel for respondent bank. Ms. Geetu, respondent no.2 in person.
This matter has been taken up by me through Video Conferencing.
The Ld. Counsel for appellant Mr. Sanjeev Bhandari states that there is no need for making pre-deposit for the reason that property has already been sold for Rs.1,31,50,000/- whereas the Section 13(2) notice was issued for a sum of Rs.57,72,372.28.
The Ld. Counsel for appellant states that the possession of the property is still with the bank. He further states that there is apprehension that possession may be handed over by the bank to the auction purchaser.
The Ld. Counsel for respondent no.1 bank as well as auction purchaser seeks time to file reply. Ld. Counsel for appellant states that bank will be restrained till the next date for parting with the possession.
Heard. Let possession of the property be not parted with till the next date.
Put up for 09.12.2022 for filing reply on the I.A. as well as main appeal.
(CHAIRPERSON)
N
Blessings Institute of Management & Technology & Anr.
Bank of India
Brijesh Sethi
As recorded by the court registry
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