DRTA Mumbai stayed an application directing borrowers to redeem a mortgage deposit to confirm an auction sale, noting non-payment and the auction purchaser's full payment, while awaiting other respondents' appearance.
Order directing payment of amount by 01.10.2023 stayed till next hearing.
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.475/2023
In Misc Appeal No.92/2023
Between
Kiran Sampat Shinde & Anr. … Appellant/s V/s. Vistacore Infraprojects Pvt. Ltd. & Ors. …Respondent/s Mr. Charles D’Souza, i/b Mr. Sunil Humbre, Advocate for Appellant.
Ms. Payal Upadhyay, Advocate for Respondent No. 8 & 9. And
I.A. No.474/2023 In
Appeal on Diary No. 1115/2023 Between
Aarymalhar Developers … Appellant/s V/s.
Vistacore Infraprojects Pvt. Ltd. & Ors. …Respondent/s Mr. Sunil Humbre, Advocate for Appellant. Ms. Payal Upadhyay, Advocate for Respondent No. 8 & 9.
-: Common Order dated: 17/07/2023:-
The matters are taken up for hearing by way of a praecipe filed by the Appellant for seeking urgent relief.
I.A. No. 475/2023 and I.A. No. 474/2023 are applications for stay of the impugned order which directs the borrowers to deposit the entire amount together with the cost and charges on or before 01.10.2023 to get the confirmed auction sale in favour of the Appellants set aside.
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has no objection to the interlocutory relief to be granted. Although the rest of the Respondents have been served, none appear.
Post on 30.08.2023 for awaiting the appearance of the rest of the Respondents/hearing.
Sd/Chairperson
rm-6-7
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Kiran Sampat Shinde & Anr.
Aarymalhar Developers
Vistacore Infraprojects Pvt. Ltd. & Ors.
Respondent No. 8 & 9 (Bank)
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
