Disposed

M/S Mohan Ram Trading Pvt. Ltd. v. M/ Cholamandlam Investment and Finance Ltd. and Ors.

DRAT20 Dec 2022REGULAR APPEAL/50/2022

Case brief

AI extract

What is this about?

Appeal against T.S.A. No.40/2021 of DRT, Jaipur. Court appointed a Local Commissioner to inspect the seized property regarding alleged alterations by the borrower prior to the single appellant hearing.

What did the court decide?

Appointment of Local Commissioner to visit and inspect the subject property with fees of Rs.75,000/- borne by appellant.

M/S Mohan Ram Trading Pvt. Ltd. versus M/ Cholamandlam… — Execution and Attachment | DRAT (2022)

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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI

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Appeal No.50/2022 Arising out of T.S.A.No.40/2021 (DRT, Jaipur)

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M/s Mohan Ram Trading Pvt. Ltd. Vs Cholamandalam Investement & Finance Co. & Ors.

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20.12.2022 Hon’ble Mr. Justice Brijesh Sethi

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Present: Mr. Ravi Data, Ld. counsel for appellant

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Mr. Sanjeev Bhandari, Ld. counsel for respondent FI

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

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I.A. No.818/2022

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This is an application for early hearing of the appeal which stands listed for 11.01.2023. The learned counsel for the appellant, who is auction purchaser, submits that appellant apprehends that the borrower is trying to sell the property through property dealers and is also making alteration in the premises and, therefore, a Local Commissioner may be appointed to visit the premises and find out whether any alteration is being carried out in the premises in question.

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Learned counsel for the appellant further submits that the learned Local Commissioner to be appointed may be asked to visit the property in question and find out the status of the 1^st and 2^nd floors of the property which stands sealed in view of the order dated 22.07.2021 of the Hon’ble High Court of Delhi in WP(C) No.6874/2021.

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Accordingly, Mr. Rahul Patel (Mobile No.6358010101) is appointed as Local Commissioner to visit the aforesaid property and find out the status of the 1^st and 2^nd floors in question and report to this Tribunal. The Local Commissioner shall visit the property accompanied by the authorized official of the bank and representative of the appellant on a date to be fixed in consultation with the appellant and the bank and shall also issue notice to the borrower of his visit to the property. The Local Commissioner can be contacted telephonically by the parties and inform him of this order. The fee of the Local Commissioner is fixed at Rs.75,000/- out of which 50% will be paid to him in advance. It is made clear that the Local Commissioner’s fee shall be borne by the appellant. Local Commissioner is directed to execute the job within ten days, from the date of receipt of this order and submit his report with this Tribunal within three days thereafter.

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-: 2 :-

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List the appeal on 11.01.2023, the date already fixed in the matter.

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(CHAIRPERSON)

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-pk

M/S Mohan Ram Trading Pvt. Ltd. v. M/ Cholamandlam Investment and Finance Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

M/S Mohan Ram Trading Pvt. Ltd. v. M/ Cholamandlam Investment and Finance Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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