Manish Mahendrabhai Patel v. Indian Bank
Case brief
What is this about?
A single judge order granting an interim direction to the Debts Recovery Tribunal to hear an application for waiver of deposit on 11.09.2024 before a scheduled auction sale of secured property takes place, preventing a fresh sale.
What did the court decide?
Direction to DRT-II, Ahmedabad to hear waiver of deposit application on 11.09.2024 before auction; bank to inform officers.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present : Mr. Justice Ashok Menon, Chairperson I.A. No.622/2024 (WoD)
In
Appeal on Diary No.1922/2024
Between
Manish Mahendrabhai Patel & Anr. … Appellant/s V/s. The Authorized Officer, …Respondent/s Indian Bank
Mr Rajesh Nagori along with Ms Richa Shukla i/b Ms Sanjana Ghogare, Advocate for Appellants.
Mr V.N. Ajikumar along with Mr Sandeep Solanki (through videoconferencing), Advocates for Respondent.
The matter is taken up for hearing by way of a praecipe filed by the appellants for seeking urgent relief.
There is an application for waiver of deposit filed as I.A. No.622/2024. The sale of the subject property is now scheduled to take place on the 11th instant. On an earlier occasion, this Tribunal had in Appeal on Diary No.1788/2024 by order dated 21/08/2024 directed the Debts Recovery Tribunal-II, Ahmedabad (D.R.T) to hear the matter before the sale which was heard and then an order was passed on 21.08.2024 without going into the merits and directed that the sale shall not be confirmed till the next date. Though the auction sale proceeded it failed. Now the bank has issued another notice for sale to be conducted on the 11th instant and therefore, an
Issues for consideration
1 issue framed by the court
Whether to direct the Debts Recovery Tribunal-II to hear the waiver of deposit application before the scheduled auction sale.
Parties & counsel
- appellant
Manish Mahendrabhai Patel & Anr.
- respondent
Indian Bank
Coram
Ashok Menon
Case details
As recorded by the court registry
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