Partly allowed

Amol G Mitra v. Bank of India

DRAT6 Jan 2023MISC APPEAL/2/2023

Case brief

AI extract

What is this about?

This order grants an urgent stay application in a miscellaneous appeal concerning an auction of property. The appellant, claiming exclusive ownership, sought to stop the auction, alleging the debtor had no right over the property. The tribunal directed the Presiding Officer to dispose of the interim application by the specified hearing date.

What did the court decide?

The Chairperson directed the Presiding Officer to dispose of the interim application regarding the auction proceedings by the date of the hearing (09.01.2023).

Amol G Mitra versus Bank of India — Banking and Recovery | DRAT (2023)

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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson

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I.A. No. 09/2023 (Stay)

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In Misc. Appeal No. 02/2023

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Between

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Amol G Mitra … Appellant/s V/s. Bank of India …Respondent/s

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Mr Gaurang Kinkhabwala & Mr. Sidharth S. along with Ms Sonali Jain, Advocate for Appellant.

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-: Order dated: 06/01/2023:-

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The matter is taken up for hearing by way of Praecipe filed by the Appellant seeking urgent relief.

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The Respondent has been served but none appears. 3. This is an Appeal challenging the proceeding of the learned Presiding Officer D.R.T.-II, Ahmedabad dated 31.12.2022 in Appeal No.17/2022 filed u/s 30 of RDB Act challenging the order of the Recovery officer declining to entertain the claim by the Appellant over the property which is sought to be proceeding against under the recovery proceeding stating that he is the exclusive owner of the property and that the certified debtor who had allegedly provided the security, did not have right over the property.

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The learned Presiding Officer was not able to take up the interlocutory application for stalling the process of the auction on the date it came up before him and hence he adjourned the matter on 09.01.2023 for hearing. The Appellant is anxious that if the auction takes place he would lose the property over which he has exclusive rights, and that it would be sold for realising the debts which he is not under obligation to pay.

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Considering the urgency in the matter, I hereby direct the learned Presiding Officer D.R.T.-II, Ahmedabad to dispose of the application for interim relief if any, that may be sought with regard to

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the proceedings in the auction sale as expeditiously as possible and disposed of the matter after hearing on 09.01.2023 itself.

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The Misc. Appeal together with the interlocutory applications are disposed of in the above terms.

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Sd/Chairperson

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psa-06

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Amol G Mitra v. Bank of India

Case brief

What is this about?

What did the court decide?

Amol G Mitra v. Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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