Disposed
Mr Mahadev Hari Sarmalkar v. Icici Bank Limited
DRATREGULAR APPEAL/9/2023
What the court decided
AI extract
Outcome
Disposed
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Appeal No. 09/2023
Between
Mahadev Hari Sarmalkar … Appellant/s V/s.
ICICI Bank Ltd. & Ors.
…Respondent/s
Ms Divya Vijay Parab, Advocate for Appellant. Ms Ketki Minhas, i/b M/s H & M Legal, Advocate for Respondent No. 1.
-: Order dated: 24/03/2023:-
The matter is taken up for hearing by way of praecipe dated 17.03.2023 filed by the Appellant seeking urgent relief.
This is an application for seeking a stay of taking over possession of the property by the Respondent Bank.
Notice has been served on the Appellant.
The Ld. Counsel appearing for the first Respondent Bank submits that the possession has already been taken on 13.10.2022 and the property was also attempted to be sold by way of auction yesterday, which has failed. The appeal is to protect the possession of the secured property. Since the possession of the property has already been taken, the interlocutory prayer for protecting the Appellant’s possession cannot be entertained. The Ld. Counsel for the Respondent Bank wants to file a detailed reply to the appeal as well as an application for the stay. The reply shall be filed.
1
Any further Sarfaesi measures intended to be taken by the Respondent Bank shall not be taken without two weeks’ notice to the Appellant/ Counsel.
Post on 10.04.2023 for filing reply/hearing.
Sd/Chairperson
mks-33
2
1 issue framed by the court
Whether the interim prayer to protect the appellant's possession of the secured property can be entertained given that possession was already taken by the bank.
Mahadev Hari Sarmalkar
ICICI Bank Ltd.
Ashok Menon
As recorded by the court registry
8 orders share this CNR
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