Priti Vijaykumar Nandawar v. Piramal Capital and housing Finance Ltd.
What the court decided
A compact analysis
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. 96/2023 (Stay) In
Misc. Appeal No. 28/2023
Between
Priti W/O Ajay Kumar Nandanwar. … Appellant/s V/s. Piramal Capital and Housing Finance Ltd & Ors. …Respondent/s Mr. Radhe Agrawal, Advocate for Appellant. Mr. R. L. Motwani, Advocate for Respondent.
-: Order dated: 16/02/2023:-
The matter is taken up for hearing by way of Praecipe filed by the Appellant seeking urgent relief. I.A. No. 96/2023 is an application for stay filed by the Appellant. The Appellant is a third party and claims to have a share in the secured assets against which the Respondent Creditor is proceeding under the provision of the SARFAESI Act. In the impugned order The Ld. P.O. refuse to grant any interim reliefs to deter the creditor from taking possession of the secured assets. Hence, the Appellant is in appeal.
The Ld. Counsel appearing for the Respondent want to file a detailed reply to this application for stay submitting that the Appellant has absolutely no right over the secured assets and that the property is in the name of her father who is the mortgagor and of the property
1
Issues for consideration
1 issue framed by the court
Whether the Appellant, claiming a share in secured assets, is entitled to stay of possession proceedings pending detailed determination of her rights.
Parties & counsel
- appellant
Priti W/O Ajay Kumar Nandanwar
- respondent
Piramal Capital and Housing Finance Ltd
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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