In an interim matters order, the Tribunal stayed an order directing the surrender of possession of a secured asset pending a detailed hearing on the mortgage extent. Status quo was ordered.
Stay on order directing surrender of possession; status quo maintained.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 822/2023 (Stay)
In
Appeal No. 78/2023
Between
The Authorised Officer, Sutex Co-operative Bank Ltd. … Appellant/s V/s.
Sushilaben Sunderlal Jariwala & Ors. …Respondent/s
Mr Charles D’Souza, i/b Mr Puneet Gogad, Advocate for Appellant. Mr Guarang Kinkhabwala along with Mr Sunil A Humbre, Advocate for Respondents.
-: Order dated: 20/12/2023:-
The matter is taken up for hearing by way of a praecipe filed on 15.12.2023 by the Appellant seeking urgent relief. The Ld. Counsel appearing for the Respondent seeks time for filing a reply.
The Appellant has applied for a stay in this appeal for the reason that the possession of the secured asset has been directed to be surrendered forthwith in the impugned order.
Since a detailed hearing about the mortgaged property and the extent of the mortgage is essential, the order directing surrender of the possession of the property shall stand stalled till the next date of hearing and the status quo as of today shall be maintained by both parties.
Post on 07.02.2024 for hearing.
Sd/Chairperson
mks-06
1
The Authorised Officer, Sutex Co-operative Bank Ltd.
Sushilaben Sunderlal Jariwala
Ashok Menon
As recorded by the court registry
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