Disposed

Ms a B Waluj v. Recovery Officer Drt I

DRT5 Jun 2023APPEAL/9/2023

Case brief

AI extract

What is this about?

This single bench order rejected an appeal for being premature. The court observed that the appellant failed to file any application before the Recovery Officer, resulting in the absence of an impugned order. Consequently, the court held that the appellant had to exhaust remedies before the appropriate officer.

What did the court decide?

The appellant was directed to file an application before the Chairman Recovery Officer and the appeal was disposed.

Ms a B Waluj versus Recovery Officer Drt I — Banking and Recovery | DRT (2023)

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Appeal 9 of 2023

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05/06/2023	Ex. No.	Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. *Roznama in Appeal 9 of 2023* *M/s. A. B. Waluj Vs The Learned Recovery* *Officer of Mumbai DRT-1 & Anr*	Next date
		Advocate Ismail A. Nasikwala appeared for the Appellant. Advocate Sunil Kadam appeared for the Respondent. 1. By way of the present Appeal the Appellant is praying to set aside the Order as not granting confirmation to the auctioneer company viz.
		Auction Tiger for allowing the participation of the Appellant in e- auction sale conducted on 30.05.2023 of the immovable property viz. All pieces and parcel of land as Plot No. H-17/1/2 in the Waluj Industrial Area within the village limits of rural area, outside the limits of
		Aurangabad Municipal Corporation in Rural area Taluka and
		Registration sub-District Gangapur,
		District and Registration District

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Appeal 9 of 2023

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	Aurangabad containing by
	admeasurements 78,932 sq. meters in
	Recovery Proceeding No. 251 of 2005.
2.	Heard Ld. Counsel for the Appellant.
3.	Admittedly, in the present matter the
	Appellant do not filed any
	Application before Ld. Recovery
	Officer and thus, there is no
	impugned order of Ld. Recovery
	Officer is available in the present
	matter. Therefore, the present
	Appeal is premature in nature. The
	Appellant has to first put his
	grievance before the appropriate
	Recovery Officer for necessary direction.
4.	With the above said direction the
	present Appeal is hereby disposed off.
5.	File be closed and consigned to record. P.O. DRT-I

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SP/-S1

Ms a B Waluj v. Recovery Officer Drt I

Case brief

What is this about?

What did the court decide?

Ms a B Waluj v. Recovery Officer Drt I

Case brief

What is this about?

What did the court decide?

What the court decided

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