The Debt Recovery Appellate Tribunal directed parties to maintain status-quo regarding the handover of auction property possession pending the next hearing scheduled post 28.06.2023.
Maintain status quo regarding handover of possession of the property pending hearing.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. No. 210/2023 (Stay) In Appeal No. 14/2023
Between
M/s. Ashwa Gold
… Appellant/s
Through its Proprietor Mayur Suresh Chandra Shah & Anr.
V/s.
…Respondent/s
The Authorized Officer, Canara Bank
Mr Rajesh Nagori, i/b Mr D. D. Chauhan, Advocate for Appellants. Ms Vaishali Bhilare along with Ms Kadambari Patil, Advocate for Respondent.
-: Order dated: 10/04/2023:-
The matter is taken up for hearing by way of praecipe dated 03.04.2023 filed by Appellants for seeking urgent relief.
The Appellants have filed this application for stay.
The Ld. Counsel appearing for the Respondent Bank submits that the sale was already concluded and the auction purchaser has been handed over physical possession of the property as of 07.04.2023.
The Ld. Counsel appearing for the Appellants submits that the possession has not yet been handed over as of the date and hence, seeks maintenance of status-quo as regarding handing over the possession of the property by the Bank to the auction purchaser.
1
The Respondent Bank has already produced a letter to indicate handing over possession to the auction purchaser.
The auction purchaser is not a party to this appeal and therefore, the order passed by this Tribunal may not be binding upon him. However, in case, the auction purchaser has not been handed over possession by the Bank as alleged by the Appellants, the parties are directed to maintain the status quo as of today when the matter is taken up at 3.55 pm.
Post on 28.06.2023 for hearing.
Sd/Chairperson
mks-9
2
2 issues framed by the court
Whether to maintain status-quo pending hearing regarding handover of possession.
Whether to grant stay on auction sale order.
M/s. Ashwa Gold
The Authorized Officer, Canara Bank
Ashok Menon
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
