Mr Hareshbhai Laljibhai Malavia v. Cent Bank Home Finance Ltd.
Case brief
What is this about?
Held the appeal is infructuous as secured assets were already taken over and sold by the respondent. Appellant directed to approach DRT for reliefs relating to the sale.
What did the court decide?
Disposed holding the appeal infructuous; directed DRT to dispose of S.A. expeditiously.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson I.A. No. 529/2022 (WoD)
In
Appeal on Dairy No. 994/2022 Between
Mr. Hareshbhai Laljibhai Malavia & Ors. … Appellant/s V/s.
Authorised Officer, …Respondent/s
Cent Bank Home Finance Ltd.
Mr. Shashikant Gaikwad, Advocate for Appellants.
Ms. Saraswati Rajpurohit, along with Mr. Charles D’souza, i/b Mr. Rajkumar Shukla, Advocate for Respondent.
-: Order dated: 12/06/2023:-
It is brought to the notice of this Tribunal that the interlocutory order of Debts Recovery Tribunal-II Ahmedabad (D.R.T.) challenged in this appeal with regard to taking over possession of the secured assets has already been taken over by the Respondent, and the property has also been sold. Under the circumstances, this appeal has become infructuous.
It is also submitted that the subsequent events have been incorporated in the S.A. by means of an amendment and it is for the Appellant to approach the D.R.T. for any further reliefs with regard to the sale which has taken place.
Parties & counsel
- appellant
Mr. Hareshbhai Laljibhai Malavia & Ors.
- respondent
Authorised Officer
- respondent
Cent Bank Home Finance Ltd.
Coram
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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