The Debts Recovery Tribunal, Patna dismissed the applicant's miscellaneous application seeking direction to the bank for mortgage redemption. The Tribunal held no forum exists under RDB or SARFAESI Acts for Tribunal intervention in redemption. Maintaining that the applicant must approach the proper forum or the bank.
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| ~Date of order or proceeding |
DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court • |
Office action taken with dat |
|---|---|---|
| MA 28 of2023 | ||
| 26.06.2023 .. " .. ~ .. " .. |
During the course of hearing it has been pointed out that the auction purchaser has not been impleaded as party. The present MA has been filed with the prayer to direct the respondent bank to permit the applicant to deposit entire legal dues of the bank for the purpose of redemption of the mortgage. ... . There is no forum or remedy provided under RDB Act or the SARFAESI Act for the redemption of mortgage"with the intervention of the Tribunal. Hence . this Misc. application is not maintainable. However the applicant may approach the proper forum for the remedy or to the respondent bank for redemption of the • mortgage property. Accordingly, the Misc. application is dismissed. " Ld. counsel for applicant has pointed out that by annexure A/2 of the application that he has already approached to the respondent bank for redemption which has not been decided. It has been submitted by ld. counsel for the .,. respondent that the application for redemption has been denied by respondent. In such circumstances it is open for the applicant for appropriate remedy to .. move before the Hon'ble DRAT where the appeal is reported to the pending. Ld. counsel for the respondent has reported that the Appeal Diary no. 3112023 dated 10.1.2023 has been filed before the DRAT, Allahabad. • Order to be uploaded on the Tribunal's website. Patna (Kaushalendra Yadav) Presiding Officer ..... .. • .. |
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2 issues framed by the court
Whether an auction purchaser can approach the Debts Recovery Tribunal for direction to deposit dues and redeem a mortgage.
Whether the Debts Recovery Tribunal has jurisdiction under RDB Act or SARFAESI Act to grant redemption of mortgage property.
Applicant
Respondent Bank
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
