The Court allowed the application for return of original documents filed with the Debt Recovery Tribunal. Relying on Order XIII Rule 9, the Court held there is no necessity to retain documents produced voluntarily by the applicant.
Return of original documents filed with the Tribunal to the applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
Sr. No.906
ORDER
In
MISCELLANEOUS APPLICATION
NO.40 of 2022
Punjab National Bank, a body corporate, constituted by and under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970 and having its head office Plot No.4, Sector-10, Dwarka, New Delhi-110075, one of the branches interalia at Branch Office at Circle SASTRA: Mumbai Western Aman Chambers, 2nd Floor, Veer Savarkar Road, Prabhadevi, Mumbai 400 025.
… Applicant
Versus
M/s. Mind Set, A Proprietorship concern through its Proprietor Mr Diljit Singh Chadha S/o. Mr Guru Charan Singh Chadha (Borrower/proprietor/mortgagor), having address at :
a) Shop No.2, Calvery Apartment, Near Kotak Mahindra Bank, Dr. Ambedkar Road, Khar West, Mumbai 400 052.
… Defendant
Mr Fenil Sangoi i/b M/s. Intralegal – Advocate for the applicant. Ms Savita Nangare – Advocate for defendant.
Shri Deepak M. Thakkar Presiding Officer, 20th September 2022
ORDER
Sd/-
(Deepak M. Thakkar) Presiding Officer, D.R.T.No.2, Mumbai
Dhawale
1 issue framed by the court
Whether the applicant is entitled to the return of original documents filed with the Tribunal after withdrawal of the application.
2 provisions across 2 enactments
Punjab National Bank
M/s. Mind Set
Deepak M. Thakkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
