Disposed

Rajendra Chandulal Tiwari v. State Bank of India

DRT16 Dec 2022SA/39/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal disposed of the Securitisation Application allowing the bank to hand over possession to the auction purchaser upon undertaking the transfer is subject to pending appeal before the Debt Recovery Appellate Tribunal.

What did the court decide?

Bank directed to handover possession to auction purchaser upon receipt of undertaking subject to outcome of pending appeal; interlocutory applications disposed.

Rajendra Chandulal Tiwari versus State Bank of India — Execution and Attachment | DRT (2022)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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16.12.2022 Sr. No.29 SA No.39/2022 SECURITISATION APPLICATION No.39/2022

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Rajendra Chandulal Tiwari ..Applicant Versus State Bank of India ..Respondents

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Mr. S.A. Nandure – Advocate for the applicant. Mr. Arun Rakh - Advocate for the Respondent nos.1 & 2. Advocate appears for Auction purchaser at the end of hearing. The matter is taken through hybrid hearing. 1. In this matter the learned counsel appearing for the applicant submits that they have challenged the possession order of DM obtained by the respondent-bank.

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1. The auction took place in the year 2011. The auction purchaser paid Rs.10,11,000/- (Rupees Ten Lacs Eleven Thousand only) way back in 2011 and he is still unable to enjoy the property. There is no challenge of sale before me.

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1. The possession of the property is with the respondent-bank. They have moved an application that they may be permitted to handover the possession to the Auction Purchaser. The Auction Purchaser is not present today. He was present yesterday.

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1. The counsel for the applicant submits that they have filed Miscellaneous Appeal No.525/2022 before the Hon’ble Debts Recovery Appellate Tribunal, Mumbai.

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1. In overall circumstances, let the respondent-bank handover the possession to the Auction Purchaser by taking an

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[SBJ]

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( SA No.39/2022) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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undertaking from the Auction Purchaser that this
possession is subject to the outcome of the Miscellaneous
Appeal No.525/2022 filed by the applicant before the
Hon’ble Debts Recovery Appellate Tribunal, Mumbai. At
this stage Advocate for Auction purchaser appears and
submits that they will furnish the requisite undertaking and
give copy to Bank.
6. In view of the above, I pass the following order through
video conferencing.
ORDER
A. The Securitisation Application No.39/2022 stands
disposed off with above directions.
B. Accordingly all the pending Interlocutory Applications
stand disposed off.
C. File be consigned to the record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

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[SBJ] ( SA No.39/2022) Page 2 of 2

Rajendra Chandulal Tiwari v. State Bank of India

Case brief

What is this about?

What did the court decide?

Rajendra Chandulal Tiwari v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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