In a compromise settlement, the applicants undertook to pay the agreed amount and hand over the property possession in default. Consequently, the Securitisation Application and Interlocutory Application were disposed of without prejudice.
Securitisation Application stands withdrawn; Interlocutory Application stands disposed of with costs made easy.
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)
ORDER SHEET
10.11.2022
Sr. No.906
| SA No.332 of 2022 | ||
|---|---|---|
| Classifi cation |
No. of Exh. |
Mr. Anoop Himanshu Roy & Ors. Vs. ICICI Bank Ltd. & Ors. |
| 9 | Ms Vijaya K. Mistry – Advocate for the applicants. Mr Shakib Dhoorajiwala i/b M/s. Vidhi Partners & Co. – Advocates for defendant no.1. None for other defendants. 1. The learned counsel for the applicants and defendant no.1 has presented joint pursis (exhibit-9) concerning the settlement arrived at between the parties. The applicants have also given an undertaking to pay the amount as agreed and in default they have undertake to hand over the possession of the said flat, that is, Flat No.1901, 19thFloor, Marathon Nextgen Exa- I, Opp. Moraji Mills, Veer Santaji Marg, Off Ganpatrao Kadam Marg, Lower Parel (West), Mumbai – 400 013. The undertaking given by the applicants is accepted. |
|
| 2. In view of the joint pursis and undertaking, the | ||
| applicant’s counsel made an endorsement on the | ||
| Securitisation Application and Interlocutory |
||
| Application, that the Securitisation Application stands withdrawn with immediate effect. |
||
| 3. In view of the endorsement made on the proceedings, |
Page 1 of 2
| Securitisation Application No.332 of 2022 stands |
|---|
| dismissed as withdrawn with no order as to costs. |
| Interlocutory Application No.2509 of 2022 stands |
| disposed of with costs made easy. |
| Sd/- Presiding Officer, DRT-2, Mumbai |
Radhika
Page 2 of 2
Mr. Anoop Himanshu Roy & Ors.
ICICI Bank Ltd. & Ors.
R. D. S. Chinchaye
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
