Union Bank of India v. Mr. Rajesh P. Pawar
Case brief
What is this about?
The Tribunal remanded the matter to the Debt Recovery Tribunal (DRT) for a fresh consideration of the bank's property ownership challenge on merits, noting that the DRT failed to pass an order on merits previously.
What the court decided
BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr Justice Ashok Menon, Chairperson
Misc. Appeal No. 47/2022
Between
… Appellant/s
Union Bank of India V/s.
…Respondent/s
Rajesh P Pawar …Respondent/s Mr O.A. Das along with Ms Sunita Rawant, Advocate for Appellant. Mr Shubham Dubay, Advocate for Respondent.
-: Order dated: 04/09/2024:-
It is seen that the D.R.T. has not passed an order on merits. The
serious contention raised by the bank regarding the challenge to the ownership of the property claimed by the respondent is to be decided
on its merits at least prima facie. It is seen that there is no such order passed and therefore, the matter is relegated to the DRT to decide on the matters afresh. With these observations, the appeal is disposed of. 2. Interim application shall be decided as expeditiously as possible at any rate within one month from the date of receipt of the order of this Tribunal.
Issues for consideration
1 issue framed by the court
Whether the matter of ownership challenge raised by the bank can be decided on merits before remanding the case to the DRT.
Parties & counsel
- appellant
Union Bank of India
- respondent
Rajesh P Pawar
Coram
Ashok Menon
Case details
As recorded by the court registry
All orders in this case
8 orders share this CNR
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