An appellant in a recovery matter sought permission for the bank to evict them from the secured asset. The debt appellate tribunal directed the bank to give the appellants a two-week notice before any eviction.
Directed that the Bank must give at least two weeks' notice before evicting the Appellants from the secured asset.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 604/2023 (WoD)
In Appeal on Diary No. 204/2023
Between
Laxmikant S/o Harishchand Gupta & Ano. … Appellant/s V/s.
Kotak Mahindra Bank Ltd. …Respondent/s
Ms Aarti Suvarna, i/b Mr Radhe Agarwal, Advocate for Appellant. An advocate for Respondent Bank is present.
-: Order dated:18/10/2023:-
The matter is taken up for hearing by way of a praecipe filed on 16.10.2023 by the Appellants seeking urgent relief.
The Ld. Counsel appearing for the Respondent Bank seeks time to file a reply on I.A. No. 604 of 2023 which is an application for waiver of deposit.
The Ld. Counsel appearing for the Appellants submits that there is a possibility of the Appellants being dispossessed from the secured asset.
The Ld. Counsel appearing for the Respondent Bank submitted that no notice for dispossession has yet been issued.
Under the circumstances, the Respondent Bank is directed not to evict the Appellants from the secured asset without giving notice of at least two weeks to the Appellants/Counsel.
For reply and hearing, adjourned to 24.11.2023.
Sd/Chairperson
mks-08
1
1 issue framed by the court
Whether the respondents bank can evict appellants from the secured asset without prior notice of at least two weeks.
Laxmikant S/o Harishchand Gupta & Ano.
Kotak Mahindra Bank Ltd.
Ashok Menon
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
