The tribunal disposed of the appeal directionforthecourtstemtodisposeofthesaleexecutionorderexpeditiouslywithoutundulydisturbingpossession.
Disposition of the sale execution order within three months without disturbing possession pending auction, subject to appellant's undertaking.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No.162/2023
In Misc. Appeal No. 44/2023
Between
Sunil Ramdasji Chandekar … Appellant/s V/s. Shikshak Sahakari Bank Ltd. …Respondent/s
Mr. Meghnath Nawlani, Advocate for Appellants. Mr. Nitin Jaiswal , Advocate for Respondent No. 1.
Heard both sides for some time. Without prejudice to the rival contention raised by the parties, it is agreed that the S.A. itself can be disposed of on merits. And that with this observation, the Appeal can be disposed of.
The Ld. Counsel appearing for the Appellant undertakes that the sale of secured assets can proceed subject to the amount he has to receive as an unpaid seller and an alleged charge over the property on account of the agreement being paid to him. And if that is so, the S.A. itself can be disposed of as expeditiously as possible.
With these observations, the appeal is disposed of with a direction the S.A. be disposed of as expeditiously as possible at any rate within a period of three months from the date of receipt of this oeder.
1
The possession as of now shall not be disturbed till the auction is conducted.
Sd/Chairperson
rm-26
2
Sunil Ramdasji Chandekar
Shikshak Sahakari Bank Ltd.
Ashok Menon
As recorded by the court registry
2 orders share this CNR
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