The Appellate Tribunal stayed dispossession notice for 15 days to allow respondent time to file reply on waiver application.
Notice period of 15 days served before removal of machinery; hearing post 15.06.2023.
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. 332/2023 (WoD)
In Appeal on Diary No. 840/2023
Between
Shree Momai Enterprise & Ors. … Appellant/s V/s. Bank of Baroda …Respondent/s
An Advocate for Appellants is present.
Mr. Nilesh Bamne, i/b M/s. A. R. Bamne & Co., Advocate for Respondent.
The matter is taken up for hearing by way of a Praecipe filed by the Appellants for seeking urgent relief.
Respondent appears and seeks time to file a reply on I.A. No. 332/2023 which is an application for waiver of pre-deposit.
The anxiety of the Ld. Counsel appearing for the Appellants is that the possession of the property is scheduled to be taken tomorrow. Since Respondent seeks time to file a reply on the application for waiver of pre-deposit, 15 days dispossession/removal of the machinery from the property notice shall be served on the Ld. Counsel appearing for the Appellants.
Post on 15.06.2023 for hearing.
psa-07
1
1 issue framed by the court
Whether an application for waiver of pre-deposit requires filing before disposal in absence of prior notice order.
Shree Momai Enterprise & Ors.
Bank of Baroda
Ashok Menon
As recorded by the court registry
5 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
