Allowed

Sk Nasir Ahmed Mohammed Suleman Shaikh v. Bassein Catholic Cooperative Bank Limited

DRT21 Dec 2022SA/459/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an objection regarding the maintainability of a Securitisation Application. The Presiding Officer directed registration of the application and directed the applicant to approach the bank for an amicable settlement.

What did the court decide?

The diary entry was allowed and the Securitisation Application was directed to be registered.

Sk Nasir Ahmed Mohammed Suleman Shaikh versus… — Civil Procedure and Limitation | DRT (2022)

¶1

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

¶2

ORDER SHEET

¶3

21. Sr.	12.20 No.3	22 3 Diary No.227/2022
Classific ation	No. of Exh.
		Diary No.227/2022
		SK Nasir Ahmed Mohammad Suleman Shaikh ..Applicant Versus Bassein Catholic Cooperative Bank Limited ..Respondents Mr. S.V. Adwant – Advocate for the applicant. Mr. A.A. Yadkikar – Advocate for the respondent. The matter is taken through VC.
		1. In this matter there was an objection regarding the maintainability of the Securitisation Application on the basis of the pre-possession notice. 2. The learned counsel appearing for the applicant submits that since the pre-possession notice has been issued as per the various pronouncement by the Hon’ble Supreme Court they will be getting a chance to rebut 13(2) notice only at the first instance which is pre-possession notice. 3. In these circumstances though it is opposed by the counsel
		for the respondent-bank I hold that this Securitisation Application is maintainable.
		4. The counsel for the respondent-bank submits that the
		Securitisation Application is registered. If the
		Securitisation Application is registered then let the replies be filed.

¶4

[SBJ] (Diary No.227/2022) Page 1 of 2

¶5

IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

¶6

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

¶7

ORDER SHEET

¶8

In view of the above, I pass the following order through video conferencing.

¶9

ORDER

¶10

A. The Diary No.227/2022 stands allowed. B. The Registry is directed to register the Securitisation Application. C. Let the replies be filed to the Securitisation Application. D. In the meantime, the applicant shall approach the respondent-bank for amicable settlement by and shall with his One Time Settlement proposal and shall deposit some down payment for consideration of the respondentbank as per their own policy. List the matter through VC/hybrid for filing reply to the Securitisation Application / outcome of settlement on 16^th February, 2023. Both the parties may download the order from the official web-site. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

¶11

[SBJ] (Diary No.227/2022) Page 2 of 2

Sk Nasir Ahmed Mohammed Suleman Shaikh v. Bassein Catholic Cooperative Bank Limited

Case brief

What is this about?

What did the court decide?

Sk Nasir Ahmed Mohammed Suleman Shaikh v. Bassein Catholic Cooperative Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bank of Baroda ( Dena Bank ) versus Rupesh Patil

Suresh Dhondiba Dhampalwar versus Maharastra Gramin Bank

Hotel Kp Pride versus the Chikhli Urban Co-Op Bank Ltd.

Bank of Maharashtra versus Babaji Hariji Karpe Patil Pratishthan

Bank of Maharashtra versus Babaji Hariji Karpe Patil Pratishthan

Maharashtra Gramin Bank versus Narayan Bhimrao Borde