The Appellant challenged the Recovery Officer's attachment order and recovery certificate. The Presiding Officer directed attachment and sale of a specific property portion per the Appellant's map and disposed of the Appeal.
Attachment of the specified property portion; sale of said portion.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 22.12. Sr. No |
2023 .15 APPEAL No. 3/2023 |
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| Classific ation |
No. of Exh. |
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| APPEAL APPLICATION NO. 03/2023 Vimala Nirmalchand Mehta & others ..Appellant Versus Punjab National Bank & others ..Non-Appellant Mr. S.R. Vakil - Advocate for the appellant. Mr. D.Y.Nandedkar – Advocate for non-appellant no.1. None for others The matter is taken through Hybrid. 1. The learned counsel for the appellant submits that the appeal is filed challenging the order of attachment passed by the Ld. Recovery Officer dated 28.07.2023 and for modifying the recovery certificate. 2. According to the appellant the court commissioner was also appointed by the Civil Court and certificate debtors have allotted the portion of the property. The matter travelled up to Hon’ble Supreme Court. Accordingly, the division of the |
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| property took place as per the map which is placed on | ||
| record. | ||
| 3. It is also stated that out of the portion the certificate debtors have sold some property to their near relatives. It will be open for the Recovery Officer to pass an appropriate order as per law and adjudicate upon the validity of the said sale deeds. |
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| 4. So far as the recovery of the amount is concerned the |
[APK] (APPEAL No.3/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| Recovery Officer shall take note of the map which shall be |
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| placed by the appellant before the Recovery Offcer and accordingly the Recovery Offcer shall pass an order of attachment to which the learned counsel for the bank has no objection. |
| 5. The portion of the Certificate debtors as demarketed in their map which is attached at page 37 of this appeal be attached and sold. |
| 6. In view of the above, I pass the following order. ORDER A. The Appeal No.03/2023 is disposed of. |
| B. Copy of the order be sent to the Recovery Offcer for compliance. |
| C. Consign the file to the Record Room and orders be uploaded on official web-site. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad |
[APK] (APPEAL No.3/2023) Page 2 of 2
Vimala Nirmalchand Mehta & others
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
