This interim order records an undertaking by the bank to open a flat in its possession for urgent plumbing repairs due to leakage affecting the flat below, directing the earlier order to continue. Quality: thin.
Bank to open flat for repairs; flat to be resealed; earlier order to continue.
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.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT : MUMBAI Present : Mr. Justice Ashok Menon, Chairperson
I.A. No. 26/2022
In Appeal No. 8/2022
Between IDFC First Bank Ltd … Appellant/s V/s.
Dharmendra Popatlal Patel & Ors. …Respondent/s
Mr. Rajesh Nagori, i/b Mr. R. L. Motwani, Advocate for Appellant.
Mr. Dhurv Gandhi, a/w Mr. Viral Bhanushal & Ms. Arundhati Korale, Advocate for Respondent No.1 & 2.
The matter is taken up for hearing by way of Praecipe dated 27.06.2022 filed by Respondents for seeking urgent relief
It is submitted by the Ld. Counsel for the Respondent that in accordance with the directions of the Ld. Presiding Officer, DRT-II, Ahmedabad, the possession of the secured asset flat was handed over to the Bank. It is now brought to the notice of this Tribunal by the Respondents that there is leakage in the plumbing of that flat and the water is seeping into the flat below and requires to be attended to immediately. Since the possession is with the Bank and the Bank has not taken any steps for necessary repairs, the leakage continues.
The Ld. Counsel appearing for the Bank has been informed about the urgency of the repairs and he undertakes that the flat would be opened
for facilitating necessary repairs to get right the plumbing system. On the basis of the above undertaking, the earlier order shall continue. The flat shall be opened for the purpose of repairing and shall be resealed.
Post on 19.07.2022 for hearing. Interim Order dated 24.03.2022 shall continue.
Sd/Chairperson
mks-5
1 issue framed by the court
Whether a flat in possession of the bank can be opened to facilitate urgent repairs for leakage.
IDFC First Bank Ltd
Dharmendra Popatlal Patel
Ashok Menon
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
