Application for correction of recovery certificate under Section 26 of RDB Act. Court directed applicant to represent to Recovery Officer regarding adjustment due to prior property sale under SARFAESI Act.
Direction to make representation to Recovery Officer for adjustment of amount. File consigned after compliance.
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DEBTS RECOVERY TRIBUNAL-I, CHANDIGARH
MA/40/2023 In OA No.1728/2017 RAJIV KUMAR Vs UNION BANK OF INDIA
10.05.2023
Item No.86
Present: Ms.Jyoti Sareen, Counsel for the MA Applicant/defendant No.2 and 3.
Heard on MA No.40/2023.
This application has been filed under Section 26 of RDB Act for correction/modification/amendment of the recovery certificate dated 31.08.2022. Earlier, Union Bank of India had filed OA No.1728/2017 for the recovery of Rs.2,97,27,102.41p with interest against M/s Mahagauri Concast Private Limited and others.
Vide order dated 24.08.2022, the said OA was allowed. Defendants No.2 and 3 in the Original Application have filed this impugned application for correction/modification/amendment of the recovery certificate dated 31.08.2023. It is alleged that during the pendency of the OA, bank has sold some properties under the SARFAESI Act and in the order this fact has not been mentioned.
This MA is disposed of with the direction that applicant/defendant No.2 and 3 may make the necessary representation to the Recovery Officer for adjustment of the amount. File be consigned to record room after due compliance.
(A S Narang) Presiding Officer DRT-I, Chandigarh
MANOJ
1 issue framed by the court
Whether to allow modification of recovery certificate to reflect partial repayment via asset sale under SARFAESI Act.
1 provisions across 1 enactments
Rajiv Kumar
Union Bank of India
A S Narang
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
