Sunil Prabhudas patel v. Rbl Bank Limited
Case brief
What is this about?
The Aurقاب recovered short affidavit was not challenged before the D.R.T., and therefore, no reliefs as sought could be granted against the said properties unless a challenge was made under Sec. 17 of the SARFAESI Act with respect to those items of the properties. The I.A. stands dismissed by the Chairman.
What did the court decide?
The I.A. at Diary No. 629 of 2023 stands dismissed; no modification of the earlier order is called for.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
I.A. on Diary No. 629/2023 In
Appeal No. 41/2023
Between
Sunil Prabhudas Patel & Ors
… Appellant/s
V/s.
The Authorised Officer,
RBL Bank Ltd.
…Respondent/s
Mr Sandeep Bhatt along with Mr Dharmesh J Gurjar, Advocate for Appellants.
Mr Meghnath Navlani, Advocate for Respondent Bank.
-: Order dated: 19/07/2023:-
Issues for consideration
2 issues framed by the court
Whether the Tribunal's order regarding pre-deposit and stay of SARFAESI measures required modification given partial auction outcomes.
Whether the Appellants were entitled to a direction that the Bank maintain status quo regarding all properties since all items were challenged in the Special Appeal.
Parties & counsel
- appellant
Sunil Prabhudas Patel & Ors
- respondent
The Authorised Officer, RBL Bank Ltd.
Coram
Ashok Menon
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · July
- CNR
- 271090006292023
- Topic
- Banking and Recovery
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