Bambai Mazdoor Union versus Investment Asset… — Civil Procedure and Limitation | DRT (2023)

Bambai Mazdoor Union versus Investment Asset… — Civil Procedure and Limitation | DRT (2023)

Appeal 16 of 2022

27/04/2023	Ex. No.	Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. *Roznama in Appeal 16 of 2022* *Bambai Mazdoor Union Vs Investment Asset* *Securitization Pvt Ltd*	Next date
		Advocate Mohammad Abdi appeared for the Appellant. Advocate Rupa Kurup i/b Advocate Sujeet Kurup appeared for the OL Respondent No. 2. Advocate Aakansha Saxena i/b Advocate Aniruth Forosothomar for Respondent No. 1. 1. Heard both sides on the Appeal. 2. Ld. Counsel for the Respondent No. 1 brought my attention to the order dated 30/11/2022 and 1/12/2022 in Writ Petition No. 743/1990 passed by Hon’ble High Court of Bombay. In para 49 & 50 of the said order Hon’ble High Court has adjudicated that Respondent No. 1 herein will proceed to realize his security in the recovery certificate issued by the DRT. 3. Importantly in the impugned order, Ld. Recovery Officer also passed on the same line. 4. Thus the issue raised in the present appeal has already been decided by the

1

Appeal 16 of 2022

Hon’ble High Court on 30/11/2022 & 1/12/2022.
5. In so far as distribution of amount received from the sale of the security is concerned, Hon’ble High Court in para 53 of the said order dated 30/11/2022
& 1/11/2022 has also clarified about the same, therefore parties herein have to proceed accordingly.
6. It is also important to note here that the
order of Hon’ble High Court is
Subsequent to the impugned order of
the Ld. Recovery Officer.
7. In view of above, as all the issues raised in the present Appeal are now decided
by the Hon’ble High Court therefore, the present Appeal is hereby disposed off accordingly.
File be close and consigned to the record
room.
Copy of order be sent to Ld. Recovery
Officer. P.O. DRT-I

Tjs/-7

2