The Bench granted time to the respondent to file a reply regarding waiver of pre-deposit, directed a week's notice before removing secured goods, and posted the case for further hearing.
Time granted for reply; removal of assets restrained pending a week's notice.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 15/2023 (WoD) In Appeal on Diary No. 04/2023
Between
M/s. Gopinath Fashion & Anr … Appellant/s V/s. The Authorized Officer, …Respondent/s Canara Bank
An Advocate for Appellant is present.
Ms Vaishali Bhilare along with Ms Kadambari Patil, Advocate for Respondent.
-: Order dated: 17/01/2023:-
The learned counsel for the Respondent seeks time to file a reply to the application for waiver of pre-deposit. The urgency expressed by the Appellant is that they have received the notice to remove the movable in the secured assets which have already been sold and possession is to be handed over to the auction purchaser.
The Appeal is challenging the interlocutory order passed in the S.A. by the learned Presiding Officer. The Respondent is directed to file a reply within two weeks.
The goods shall not be removed without giving a week’s notice to the Appellant
Post on 23.01.2023 for a hearing.
Sd/Chairperson
psa-05
1
3 issues framed by the court
Whether to grant time to the respondent to file a reply to the application for waiver of pre-deposit and restrain removal of secured assets.
Whether to direct the respondent to give a week's notice before removing goods from secured assets.
Whether to allow the appeal challenging the interlocutory order passed in the subordinate appeal.
M/s. Gopinath Fashion & Anr
The Authorized Officer
Canara Bank
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
