The tribunal appointed a Local Commissioner to photograph the mortgaged property alleged to be the secured asset. The appointment and fee-sharing between parties were ordered
Appointment of Mr. Rahul Patel as Local Commissioner to photograph property with 15-day notice and fee sharing order.
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DEBTS RECOVERY APPELLATE TRIBUNAL, DELHI
Appeal No. 77/2019 Arising out of S.A. No. 29/2019 (DRT-III, Delhi)
Ram Dev Sharma Vs M/s Cholamandalam Investment & Finance Company Ltd. & Ors.
28.04.2022 Hon’ble Mr. Justice BrijeshSethi
Present: Ms. Meenakshi Joshi, Ld. counsel for the appellant along with appellant in person
Mr. Sanjeev Bhandari, Ld. Counsel for the respondent no.1
This matter has been taken up by me through Video Conferencing.
Ld. counsel for respondent submits that respondent is unable to take pictures of the premises for the reason that it is not allowed to do so by the appellant. This statement of the learned counsel for respondent is refuted by the learned counsel for the appellant.
Both the Ld. Counsel for the parties agree to the appointment of a Local Commissioner to visit the property which is claimed to be the secured asset of the bank and take pictures of mortgaged property from inside and outside as well. Accordingly, Mr. Rahul Patel, Advocate (Mobile No. 6358010101) is appointed as Local Commissioner for taking pictures of those portions of the property which is claimed by the bank to be its secured asset. Local Commissioner shall issue a 15-day notice in this regard to the appellant as well as to the bank and visit the premises in the presence of the authorized officer of the bank and the appellant for doing the needful. If Ld. counsel for any of the party also wants to be present at the said time, he/she can remain present. After the assigned task is over, the Local Commissioner shall file a report along with photographs to this Tribunal within seven days. The fee of the Local Commissioner is fixed at Rs.1 lakh, out of which Rs.60,000/- is to be borne by the bank and Rs.40,000/- is to be borne by the appellant. It is also ordered that out of the fee, 50% shall be paid by the parties to the Local Commissioner in advance.
List the matter for further proceedings on 25.07.2022.
(CHAIRPERSON)
-pk
Ram Dev Sharma
M/s Cholamandalam Investment & Finance Company Ltd.
Brijesh Sethi
As recorded by the court registry
10 orders share this CNR
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