A secured application and interlocutory application in debt recovery proceedings were disposed of by consent of the parties without any order as to costs. The physical possession of a flat was agreed to be handed over.
No order as to costs; property possession agreement made; applications disposed by consent.
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
INTERLOCUTORY APPLICATION No.1816 of 2022 In
SECURITISATION APPLICATION
NO.238 of 2022
M/s. M.R. Realtors & Ors. … Applicants
Versus
M/s. Orix Leasing and Financial … Defendants Service Ltd. & Ors.
Mr Rishabh Shah and Ms Sakshi Saboo i/b M/s. Raval-Shah & Co. – Advocates for the applicants.
Mr Sumit Jain – representative of the applicants.
Mr Vikas Salvi i/b M/s. Vikas Salvi & Asso. – Advocates for defendant no.1.
Mr Abdul L. Patel – legal officer of defendant no.1. None for defendant no.2.
Shri Deepak M. Thakkar Presiding Officer, 5th August, 2022.
ORDER
Page 1 of 3
applicants charge under Section 55 (4) (b) Transfer of Property Act concerning the applicants’ right as an unpaid seller in the proposed sale. Mr Salvi also consents to deposit the excess sale proceeds with the Tribunal and intimate to the applicant.
Sd/-
Radhika
Page 2 of 3
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
(BEFORE HON’BLE PRESIDING OFFICER)
ORDER SHEET
05.08.2022 Sr. No.906
| classifi- cation |
No. of Exh. |
SA No.238 of 2022 M/s. M.R. Realtors & Ors. Vs. M/s. Orix Leasing and Financial Services Ltd. & Ors. |
|---|---|---|
| Mr Rishabh Shah and Ms Sakshi Saboo i/b M/s. Raval-Shah & Co. – Advocates for the applicants. Mr Vikas Salvi i/b M/s. Vikas Salvi & Asso. – Advocates for defendants. Mr Sumit Jain – representative of the applicants. Mr Abdul L. Patel – legal officer. 1. In view of the order in I.A. No.1816, the applicants and defendant no.1’s counsel consents to dispose of the S.A. Accordingly, by consent of the applicants and defendant no.1, S.A. stands disposed of with no order as to costs. 2. I.A. No.1816 of 2022 stands disposed of. |
||
| Radhika | Sd/- Presiding Officer, D.R.T.No.2, Mumbai |
Page 3 of 3
M/s. M.R. Realtors & Ors.
M/s. Orix Leasing and Financial Services Ltd. & Ors.
Shri Deepak M. Thakkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
