Dismissed

Mithlesh Malakar and Others v. Canara Bank

DRT15 Jul 2022SA/68/2022

Case brief

AI extract

What is this about?

In SA 68 of 2022, the Debts Recovery Tribunal at Patna dismissed an application under Section 17(1) of the SARF AESI Act. The applicant, son of the mortgagor, lacked locus standi as he had not secured a declaration of his coparcenary rights in the mortgaged property, rendering the legal interest non-existent.

What did the court decide?

S. application u/s 17(1) SARF AESI Act dismissed for want of locus standi.

Mithlesh Malakar and Others versus Canara Bank — Banking and Recovery | DRT (2022)

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Date of order or proceeding

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15.7.2022

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DEBTS RECOVERY TRIBUNAL, PATNA
Order with the
Signature of the Court

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SA 68 of 2022 Mithlesh Malakar &others Vs Canara Bank Present: Shri Sudhanshu Trivedi ld. counsel for the applicant Shri Onkar Kumar ld. Counsel for the respondent
Ld. Counsel for the applicant submits that the applicant is son of the mortgager as such his coparcenary interest is involved in the mortgage property. The bank has not served any notice to the applicant. Hence the S action is against law. Admittedly the property under mortgaged is currently in the ownership of
father of the applicant and the applicant could not get declaration regarding *his* rights in the mortgage property. Hence prima-facie there is no legal interest accrued to the applicant in the
mortgaged property. It has been argued on behalf of the applicant that he has
coparcenary rights. It is made clear· that for declaration of such rights, the mischief of section 34 of SARF AESI Act dos not come to play. Accordingly the
S. application U/S 17(1) SARF AESI Act on behalf of the applicant is not maintainable for want of locus-standie. Hence this SA stands dismissed. Order be uploaded on the Tribunal's website. v
Patna (Kaushalendra Yadav) Presiding Officer

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Office action
taken with data

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Mithlesh Malakar and Others v. Canara Bank

Case brief

What is this about?

What did the court decide?

Mithlesh Malakar and Others v. Canara Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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