Vilas Vasant Gandhe versus Encore Asset Reconstruction Company Pvt. Ltd. (Earc)

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

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Misc. Appeal No. 71/2023

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Between

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Vilas Vasant Gandhe … Appellant/s V/s.

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Presiding Officer, D.R.T.-I, Mumbai & Anr. …Respondent/s Mr Ismail Nasikwala, i/b Mr Sanjay Anabhawane, Advocate for Appellant.

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Mr Rajesh Nagory, Advocate for Respondent No. 2.

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The matter is taken up for hearing by way of a praecipe dated 17.05.2023 filed by the Appellant seeking urgent relief.

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The Appellant has come up on appeal seeking interference of this Appellate Tribunal exercising superintendence under Sec. 17-A of the RDB Act, over the Debts Recovery Tribunal No. 1, Mumbai (D.R.T.) wherein an interim application for stay in T.S.A. No. 27 of 2023 was heard as early as 23.01.2023 yet the orders for which it was reserved, have not been pronounced. The Appellant apprehends dispossession of the secured asset which is the subject matter of this S.A. The Appellant in the first instance approached the Hon’ble High Court with Writ Petition which was dismissed without granting any interim relief with a direction to approach the DRAT.

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I have heard the Ld. Counsel appearing for both parties. Since no orders have been passed either in favour of or against the 1

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Appellant, it will be not possible for this Tribunal to grant any relief to the Appellant except to issue a direction to the D.R.T. -I, Mumbai to dispose of the pending application which has already been heard.

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Under the circumstances, without granting any interim relief, the appeal and applications are disposed of with a direction to the D.R.T.-I, Mumbai to dispose of the application in T.S.A. No.27 of 2023 expeditiously, and not later than 19.05.2023.

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mks- 20

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Sd/-
Chairperson

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2

Vilas Vasant Gandhe v. Encore Asset Reconstruction Company Pvt. Ltd. (Earc)

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Vilas Vasant Gandhe v. Encore Asset Reconstruction Company Pvt. Ltd. (Earc)

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