Disposed

Smt Vimala Nirmalchand Mehta v. Punjab National Bank

DRT14 Mar 2023MA/10/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal disposed of a miscellaneous application. The Presiding Officer directed the Recovery Officer to hear the pending objection as expeditiously as possible within three months and directed no action on the applicant's property pending that disposal.

What did the court decide?

Direction to Recovery Officer to decide pending objection within three months; stay of action on applicant's property.

14.03.
Sr. No

2023
.24
MA No. 10/2023

Classific
ation

No. of
Exh.

MISCELLANEOUS APPLICATION NO. 10/2023
Smt. Vimala Nirmalchand Mehta
..Applicant
Versus
Punjab National Bank
..Respondent
Mr. S.R. Vakil- Advocate for the Applicant.

1. The Miscellaneous Application filed by the applicant. The
Tribunal sought clarification from the Advocate as to which
order he is challenging, if he is challenging any order he has
to come in appeal.
2. The learned counsel for the applicant submits that he is not
challenging any order, rather than since 2016 his objection
bearing Exhibit No. 31 is pending for adjudication before
the Ld. Recovery Officer.

3. The learned counsel for the applicant further submits that
the Court Commissioner has been appointed by the Ld.
Recovery Officer who is visiting the property for which the
partition was upheld in the year 1985 and the mortgage is
executed thereafter in the year 2006.

4. The learned counsel for the applicant submits that the
property which was partitioned, the bank is trying to indicate
to the Ld. Recovery Officer that the property in the
possession of this MA applicant is a property, which is
mortgaged to them.

5. So far as Exhibit No.31 which is the objection filed by the
applicant and decided, this Tribunal cannot interfere in the matter.
6. In view of the above, I pass the following order: ORDER
A. Misc. Application no.10/2023 is disposed of with directions to the Ld. Recovery Officer to hear and decide the application Exhibit No. 31 as expeditiously as possible but not that later three months.
B. No action is to be taken against the property of the MA applicant till the disposal of the objection Exhibit-31. C. Registry is directed to forward the true copy of this order to the Ld. Recovery Officer for necessary compliance.
The parties may download the order from the official web-site.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

5. So far as Exhibit No.31 which is the objection filed by the

applicant and decided, this Tribunal cannot interfere in the
matter.

6. In view of the above, I pass the following order:
ORDER

A. Misc. Application no.10/2023 is disposed of with
directions to the Ld. Recovery Officer to hear and decide
the application Exhibit No. 31 as expeditiously as possible
but not that later three months.

B. No action is to be taken against the property of the MA
applicant till the disposal of the objection Exhibit-31.
C. Registry is directed to forward the true copy of this order
to the Ld. Recovery Officer for necessary compliance.

The parties may download the order from the official web-site.

(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad

Smt Vimala Nirmalchand Mehta v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

Smt Vimala Nirmalchand Mehta v. Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

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