Disposed

Akshay Anil Sarda v. Shri Mahalaxmi Co. Operative Bank Ltd. and 6 Ors.

DRAT8 Jul 2025MISC APPEAL/93/2025

Case brief

AI extract

What is this about?

The Debt Recovery Appellate Tribunal, Mumbai (sitting at Chennai) directed the Presiding Officer of DRT, Pune to dispose of the main Special Appeal on merits expeditiously due to intervening coparcener claims. The tribunal dismissed this interlocutory appeal, continued the status quo for two months, and ordered parties to bear their own costs.

What did the court decide?

Directed DRT, Pune to dispose of main SA on merits expeditiously; status quo continued for two months; appeal disposed; costs borne by parties.

Akshay Anil Sarda versus Shri Mahalaxmi Co. Operative Bank… — Banking and Recovery | DRAT (2025)

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DEBT RECOVERY APPELLATE TR1BUNAL-MUMBAI (SITTING AT -CHENNAI)

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MisC; Appeal No. 93/2025
Dated: :d8.07.2025 Heard Leafhed Coxuis61.fof the parties. Order pronounced ‘(vi'de separate sheet) in open coUrt The
Appeal in Misc. Appeal No. 93/2025 is disposed of; Both parties
shall.'bear their own costs. All pending lAs, if.anyi stand;do,sed.
CHAIRPERSofer'fjRAT,CHENNAI (IN-CHARGE, DRAT, MUMBAIj
PAM

*? ‘

DEBT RECOVERY APPELLATE TRIBUNAL-MUMBAI (SITTING AT -CHENNAI)

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Dated 8th of July , 2025-

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PRESENT: Hbn’ble Mr. Justice G. Chandrasekharan GHAltif’ERSON

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Misc. Appeal No. 93/2025 (LA. No. 1679/2025 in.S.A. No. 518/2025 before DRT, Pune)

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Between.

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Akshay Anil Sards Residing at.D-25, Babujimal Road, Kolhapur- 416002.

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.. ■. < Appellant

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And

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1: $hri Mahal.axmi Co-operative Bank Ltd. Through its Authorised Officer Co-operative Bank.forrned .and registered under The provisions of Maharashtra Co-operative ■Societies Act, 1960, having, its Head. Office at ShreeBhavan 167 B Mangalwar Peth P B No. '303, Kolhapur-416012.

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2-. Anil Giridhar Sarda Residing at D-25, Babujimal Road, Kolhapur- 416002.

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Nitin. Giridhar Sards Residing at City Survey No 1648 Darshan Apartment Rajarampuri, 7th Lane, Kolhapur- 416008.

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Mahesh Giridhar Sards, (deceased) Through Legal Heir 4A Rakhee MaheshSarda 4B Rohit Mahesh Sarda Both residing at 1651 E Ward, Flat No. T 2, •First Floor, Nirmitihind Residency, Rajarampuri 7* Lane Kolhapur 411008.

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5. Dheeraj Giridhar Sarda Business 1628, E Ward, Vasant Sidhi Apartmentj Flat No. T-3, G111 Lane, Kolhapur- 416002.
6. PushpawatiGiridhar Sarda
7. Dipak Giridhar Sarda
...Respondents Both 6 and 7 are residing at Residing at D-25, BabujimaJ .Road Kolhapur- 416002.
Counsel for Appellant :MrPuneet Gogad for Mr Kushal Sawant. Counsel for Respondent Bank : -Mr Vijay V. Chandavale

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ORDER

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This Appeal is filed against the order passed by Learned Presiding Officer, DRT, Pune): in IA No. 1679/2025 in S.A. No. 518/2025 on 28.05.2025.

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Heard Learned Counsel for both parties in main appeal.

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Learned Counsel for 1st Respondent Bank submitted that in view of complicated issue raised by the as coparcener that Petitioner/Appellant claiming right requires elaborate consideration in main SA and prays that this Appeal may be disposed of giving a direction to Learned Presiding Officer, DRT, Pune to dispose of the main SA, in a time bound manner.

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3., Considering the fact that this Appeal is filed only against an Interlocutory Order, and. admittedly, the issue raised by the Petitioner/Appellant can be decided, in the main Appeal, this Tribunal, directs the Learned Presiding Officer,

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DRT, Pune to dispose of the main SA, on merits and in accordance with law, as as expeditiously possible, Accordingly, the Appeal in Misc. Appeal No. 93/2025 is disposed of. Both parties shall bear their own costs. All pending IAs, if any, stand closed.

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Status quo order is to be continued for next two months. Then, it is for Learned Presiding Officer, DRT, Pune, to decide as to the continuance of the status quo order, depending upon the exigency.

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(Dictated to Athistamani, PS, transcribed by her, corrected and signed by me this 8th of July, 2025]

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[Justice G. (^lalncirasekharan]

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CHAIRPERSON, DRAT, CHENNAI (IN-CHARGE, DRAT, MUMBAI)

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Akshay Anil Sarda v. Shri Mahalaxmi Co. Operative Bank Ltd. and 6 Ors.

Case brief

What is this about?

What did the court decide?

Akshay Anil Sarda v. Shri Mahalaxmi Co. Operative Bank Ltd. and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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