The Debt Recovery Appellate Tribunal allowed applications seeking to substitute the assignee of the debt due to formal procedural objections from the registry. It directed that necessary amendments be executed within two weeks.
All impugned applications for substitution of assignee of debt were allowed.
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. 877/2024 And I.A. No. 878/2024 And I.A. No. 879/2024
In Appeal No. 18/2024
Between State Bank of India … Appellant/s V/s. Adi Impex Infra Service & Ors. …Respondent/s
Mr. Umar F. Azam, i/b M/s. M.V. Kini & Co., Advocate for Appellant.
Mr. Prafull Mahadik, i/b Mr. Vasantkumar Takke, Advocate for Respondent No.1.
Ms. Sonali Jain, Advocate for Respondent Nos.3 to 7.
Mr. Gaurang Kinkhabwala along with Ms. Rubina Khan & Ritesh H., i/b M/s. Fortis India Law, Advocate for Respondent Nos. 2, 9 & 12.
AND I.A. No. 872/2024 And I.A. No. 873/2024 And I.A. No. 874/2024 And I.A. No. 875/2024 And I.A. No. 876/2024 In Misc. Appeal No. 27/2024
Between
1
… Appellant/s
Adi Impex Infra Service
V/s.
State Bank of India & Ors. …Respondent/s
Mr. Prafull Mahadik, i/b Mr. Vasantkumar Takke, Advocate for Appellant.
Mr. Umar F. Azam, i/b M/s. M.V. Kini & Co., Advocate for Respondent No.1.
Mr. Gaurang Kinkhabwala along with Ms. Rubina Khan & Ritesh H., i/b M/s. Fortis India Law, Advocate for Respondent Nos. 2, 4 to 7. Ms. Sonali Jain, Advocate for Respondent Nos.10 to 14.
-: Common Order dated: 16/12/2024:-
The applications are filed to substitute the assignee of the debt
in these appeals as Applications Nos. 872/2024, 873/2024, 874/2024, 875/2024, 876/2024, 877/2024, 878/2024 & 879/2024. There are only formal objections which are raised by the office. No objection is forthcoming from any of the parties.
Hence, these all applications are allowed.
The substitutions and consequential amendment shall be carried out within two weeks.
List the matter on 31.12.2024 before the Registrar for carrying out the consequential amendment.
Interim orders, if any, shall continue till further order.
Sd/Chairperson
psa-29 & 30
2
State Bank of India
Adi Impex Infra Service & Ors.
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
