Allowed

Idbi Bank v. M/S Shree Kartikeya Industries

DRT4 Feb 2023MA/11/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed a miscellaneous application by IDBI Bank seeking return of original title documents related to a mortgaged property. The order mandates return of originals only after the expiration of appeal or review periods.

What did the court decide?

Return of original title documents and Deed of Assignment by Authorised Officer after expiration of appeal or review period.

Idbi Bank versus M/S Shree Kartikeya Industries — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET

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04 Sr	.02.202 . No.14	3 MA No.11/2023
Classifica tion	No. of Exh.
		MISCELLANEOUS APPLICATION NO.11/2023
		IDBI Bank ..Applicant Versus M/s Shree Kartikeya Industries ..Respondent Mr. A.S. Pathak – Advocate for the applicant. None for the respondent-bank. 1. By this Miscellaneous application the applicant bank submits that the applicant bank has filed Original Application No.68/2011 for recovery of Rs.88,78,630/- with interest against defendant no.01 to 04 on 18-05-2011. Alongwith the Original Application No.68/2011 the applicant bank has filed the original documents on record at Exh.35, the original Memorandum of Title Deed in respect of property Plot No.E-54, Waluj Industrial area MIDC Waluj Aurangabad alongwith Deed of Assignment dated 07-05-2009 with original transfer order and original consent letter issued by MIDC Aurangabad. 2. The applicant therefore, seeks to return of the original title documents and the Original Deed of Assignment dated 07- 05-2009 executed by M/s. Yogiraj Packaging in favour of M/s. Shree Kartikeya Industries with original transfer order issued by MIDC, Aurangabad filed by the applicant bank..

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[SBJ] (MA No.11/2023) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL,AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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The applicant has made out the case for return of original title documents Original Deed of Assignment dated 07-052009.

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In view of the above, I pass the following order through Video Conference: ORDER

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A. Miscellaneous Application No.112023 stands allowed. B. As per DRT Regulation 25, other Original documents if any filed be returned by keeping certified copies on record through Authorised Officer only after the time of appeal or review is gone and not before that.

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C. Consign the file to the Record Room. (Vimal Gupta)

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Presiding Officer,

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Debts Recovery Tribunal, Aurangabad

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[SBJ] (MA No.11/2023) Page 2 of 2

Idbi Bank v. M/S Shree Kartikeya Industries

Case brief

What is this about?

What did the court decide?

Idbi Bank v. M/S Shree Kartikeya Industries

Case brief

What is this about?

What did the court decide?

What the court decided

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