Allowed application for expeditious hearing to restore possession of secured assets considered alongside pending securitization application in DRT.
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BEFORE THE DEBTS RECOVERY APPELLATE TRIBUNAL, AT: MUMBAI Present: Mr. Justice Ashok Menon, Chairperson M.A. No. 80/2024
Between Mahesh Lalchand Mirani … Appellant/s
V/s.
The Shamrao Vithal Co.op Bank Ltd. …Respondent/s
An Advocate for the Appellant is present. Mr. Vinay Deshpande, along with Ms Shobha Chavan and Mr. Kaikini, i/b M/s. V. Deshpande & Co., Advocate for Respondents.
-: Order dated: 19/09/2024:-
The applicant has filed this application for expeditious hearing in I.A. No. 91/2024 in Securitization Application No. 508/2023 on the files of Debts Recovery Tribunal –III, Mumbai (D.R.T). The application appears to be for an interlocutory relief to restore possession of the secured assets which have already been taken possession of by the secured creditor.
The sale was deferred by the DRT on the applicant depositing some amount. It is an S.A. of the year 2023 and pleadings are yet to be completed. Hence, the pleadings shall be completed expeditiously. The I.A. No. 91/2024 cannot be considered independently, and needs to be considered along with the S.A. and therefore, the D.R.T. is directed to consider the S.A. itself on its merits as expeditiously as possible.
M.A. is disposed of.
Sd/Chairperson
rm-23
1
Mahesh Lalchand Mirani
The Shamrao Vithal Co.op Bank Ltd.
Ashok Menon
As recorded by the court registry
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