In interlocutory proceedings, the DRT allowed the applicant bank's request to withdraw an original sale deed executed in its favor during an auction under SARFAESI, directing the Registrar to return the document.
Permission was granted to withdraw the original sale deed filed in the original application, and the matter was listed before the Registrar for its return.
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, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 17. Sr. |
08.20 No.2 |
22 0 OA No. 60/2022 |
|---|---|---|
| Classific ation |
No. of Exh. |
|
| INTERLOCUTORY APPLICATION NO. 1106/2022 IN ORIGINAL APPLICATION No. 60/2022 Bank of Baroda ..Applicant Versus M/s. Paradise Carpets Proprietor Nilesh Subash Pandit & another ..Defendants Mrs. R. R. Yewale – Advocate for the applicant. None for the defendants. The matter is taken through VC. 1. Mrs. R. R. Yewale, advocate for the applicant bank, requested to Registry for listing the matter through video conference due to Covid-19 situation as per extent guidelines. Thus, the matter is placed through Video Conference. 2. By this interlocutory application the applicant bank seeks permission of this Tribunal to withdraw the Original Sale Deed. This Original Application is for the recovery of an amount of Rs.25,05,506.97Ps. (Rupees Twenty-Five Lacs Five Thousand Five Hundred Six and Paisa Ninety-Seven Only). The applicant submits that the applicant bank has conducted E-Auction Sale under the SARFAESI on 8th December, 2021 and has sold the mortgage property i.e. Shop No. FF-4 admeasuring 16.09 Sq. Mtrs. First Floor at Orange Square at Khivasara Estates, constructed on Plot No.3, at Gut No.176 and 178 (p), Village Tisgaon Aurangabad belonging to defendant No.1 and 2 for an amount of Rs.13,77,450/- (Rupees Thirteen Lacs Seventy- |
[SBJ]
(OA No.60/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| Seven Thousand Four Hundred Fifty only) and have also executed registered Sale Certificate in favour of Mr. Sachin |
|---|
| Pralahad Mokle. The Auction Purchaser Mr. Sachin |
| Pralahad Mokle has requested the applicant-bank to provide him with the original sale deed filed by the applicant-bank in the original application. |
| 3. The applicant therefore, seeks permission of this Tribunal to withdraw the Original Sale Deed No.AGG-5-3185 dated 18thMay, 2015. |
| 4. The applicant has made out the case for withdrawal of the Original Sale Deed No.AGG-5-3185 dated 18thMay, 2015. |
| 5. In view of the above, I pass the following order through Video Conference: ORDER |
| A. Interlocutory Application No.1106/2022 is allowed. |
| B. The matter be placed before the Registrar for return of original sale deed as per rule. |
| List the matter through VC before the Registrar for returning of the Original Sale Deed as per rule on02ndSeptember, 2022. The parties may download the order from the official web-site. |
| (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[SBJ]
(OA No.60/2022) Page 2 of 2
Bank of Baroda
Vimal Gupta
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
