Manish Mahendrabhai Patel v. Indian Bank
Case brief
What is this about?
An appeal was filed seeking urgent direction to the D.R.T.-II, Ahmedabad to consider an amendment application and a stay of auction scheduled for that day, dismissing the borrower's claim for extension of time.
What did the court decide?
Directed D.R.T.-II, Ahmedabad to hear the amendment application and prayer for stay of auction on the scheduled date.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson I.A. on Diary No. 1790/2024(WoD)
Appeal on Diary No.1788/2024 Between Manish Mahendrabhai Patel & Anr. … Appellant/s V/s.
Authorized Officer, Indian Bank …Respondent/s
Mr.Rajesh Nagory, i/b Ms. Sanjana Ghogare, Advocated for Appellants.
Mr. Ajikumar, i/b M/s. VNA Legal, Advocate for Respondent.
-: Order dated: 21/08/2024:-
The matter is taken up for hearing by way of praecipe filed by appellants for seeking urgent relief.
The appellants are in appeal aggrieved by the fact that the application for an early hearing was filed by the appellant before the Debts Recovery Tribunal-II, Ahmedabad, (D.R.T), but that was not considered.
- Since the sale is scheduled to be held on 21.08.2024, the matter is to be heard urgently and prayer concerning the amendment of the S.A. is also to be considered.
- However, the Ld. Presiding Officer listed the matter for hearing on 21.08.2024. If the matter is heard today concerning the amendment application and thereafter, the prayer for a stay of the auction is heard, the borrower applicant will not get time to press for an extension of the sale which is to take place today.
Issues for consideration
1 issue framed by the court
Whether the D.R.T.-II, Ahmedabad is directed to consider the amendment application and the prayer for stay of the auction on the date of the auction.
Parties & counsel
- appellant
Manish Mahendrabhai Patel & Anr.
- respondent
Authorized Officer, Indian Bank
Coram
Ashok Menon
Case details
As recorded by the court registry
- Court
- DRAT
- Decided on
- · August
- CNR
- 271090017902024
- Topic
- Banking and Recovery
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