Allowed

Dr. Suman Shivaji Rathod v. Indian Overseas Bank

DRAT10 Mar 2023REGULAR APPEAL/184/2014

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal directed the Respondent Bank to produce title deeds pertaining to a mortgaged flat for inspection by the Appellant, a third party, overriding the Bank's claim that the Appellant lacked established title, citing the need to avoid protraction.

What did the court decide?

Directed the Respondent Bank to produce title deeds pertaining to the flat within one week for inspection by the Appellant.

Dr. Suman Shivaji Rathod versus Indian Overseas Bank — Civil Procedure and Limitation | DRAT (2023)

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

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M.A. No. 100/2019 In Appeal No. 184/2014

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Between

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Dr. Suman Shivaji Rathod … Appellant/s V/s. Indian Overseas Bank …Respondent/s Mr. R.V. Sipahimalani, Advocate for Appellant.

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Ms Mital Parikh, i/b M/s. M.V. Kini & Co., Advocate for Respondent.

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-: Order dated: 10/03/2023:-

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M.A. No. 100 of 2019 is an application filed by the Appellant seeking the production of title deeds pertaining to the secured asset namely Flat No. 12, Bella Vista CHS Ltd., Holy Cross Road, I.C. Colony, Borivali (West), Mumbai-400092 and to grant them permission to inspect those documents on being been produced by the Respondent Bank.

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The application has been opposed by the Respondent Bank stating that the Appellant is a third party and that he has no absolute right over the property. He has not established the fact that he has got an assignment of the property from the erstwhile owner. Without establishing his right title and interest over the property, he cannot demand the production of the title deeds.

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The specific contention of the Appellant is that it is not flat which is in his possession namely Bella Vista which has been

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mortgaged and that it is some other flat namely Bellasis which is actually the secured asset. On that point, he wants to contest the very existence of the mortgage pertaining to property which is allegedly in his possession by virtue of an assignment.

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The Ld. Counsel for the Respondent has vehemently opposed this application stating that they are not bound to produce it. But from the order of D.R.T. which stands impugned, it is observed that at the time of hearing on 27.05.2014 as per directions of the Tribunal, the original title deeds were deposited by the borrower with the Respondent Bank were produced and were subjected to inspection by Counsel appearing for the Applicant in the S.A. If that be the case, I do not find any reason why Respondent should shy away from producing the documents before this Tribunal in appeal. The Appeal has been pending since 2014 and I find no reason to protract the appeal. Hence, in the interest of justice, I direct the Respondent Bank to produce the title deeds pertaining to the aforesaid flat and being produced, subject to Rules the Appellant would be at liberty to carry out inspection of those documents from this Tribunal. One week’s time is granted to the Respondent Bank to produce those documents. Once documents are produced with intimation to the counsel appearing for the Appellant, the Appellant shall make an appropriate application for inspection.

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Post on 29.03.2023 for hearing.

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mks-18

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Dr. Suman Shivaji Rathod v. Indian Overseas Bank

Case brief

What is this about?

What did the court decide?

Dr. Suman Shivaji Rathod v. Indian Overseas Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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