Jyoti Kiran Shah v. Abhyudaya Cooperative Bank Limited

BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson I.A. No. 851/2024 (WoD) In

Misc. Appeal on Diary No. 2544/2024

Between

Jyoti B. Kiran Shah & Anr. … Appellant/s V/s.

Abhyudaya Co-operative Bank Ltd. & Anr. …Respondent/s Mr Anant B. Shinde, Advocate for Appellants.

Mr Charles De Souza (through video-conferencing) along with Mr V. Deshpande, Ms Shobha Chavan, Advocates for Respondent No.1.

Mr Dinesh Dubey along with Mr Sudhir Kumar, Advocates for Respondent No.2.

The appellants have come up with this Appeal impugning the order dated 21.11.2024 of the Debts Recovery Tribunal-II, Mumbai (DRT) in Securitisation Application (S.A.) No. 346/2024. By an earlier order dated 06.11.2024, the DRT had directed the appellants to pay ₹ 25 lakhs by 3 p.m. on 07.11.2024. Though belatedly, the amount was paid. The appellants were also directed to approach the respondent bank for a settlement within a month and the respondent was precluded from taking possession of the secured asset without giving two weeks’ notice. The order appears to be apparently in favour of the appellants granting them some relief of protection. But still, the appellants are in appeal. I believe that the appeal is not sustainable as

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