Allowed

Bank of India v. Prakashchandra

DRT12 Jul 2023MA/41/2023

Case brief

AI extract

What is this about?

The DRT allowed the applicant Bank of India's miscellaneous application to modify the previous order dismissing the original case on settlement grounds. The file was returned to the bank to file a mortgage suit in the competent civil court, with limitation period extended.

What did the court decide?

Modified the order dated 23rd May, 2023, directing the return of the original application for filing a mortgage suit in the civil court.

Bank of India versus Prakashchandra — Execution and Attachment | 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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12.07.2023

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S	r. No.5	1 M.A No.41/2023
Classifi cation	No. of Exh.
		MISCELLANEOUS APPLICATION No.41/2023
		Bank of India ..Applicant
		Versus
		Prakashchandra Ramchandra Ghogare & another ..Respondents None for the applicant. The matter is taken through Video Conference. 1. The Misc. Application has been filed by the applicant for modification of the order passed by this Tribunal dated 23^rd May, 2023 stating that the Original Application no.577/2020 was disposed on 23^rdMay, 2023 by observing that the matter has been settled. 2. It is further stated that the matter has not been settled and the bank wish to withdrawn this Original Application for filling a mortgage suit before the competent Civil Court. 3. In view of the above, I pass the following order. ORDER A. The Misc. Application No.41/2023 is allowed. B. The Order dated 23^rdMay, 2923 is modified to the extent that, “The Original Application no. 577/2020 be returned to Bank to be presented in proper court and the time from filing of this OA till pleadings are returned will be excluded from the limitation.

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[APK] (MA No. 41/2023) Page 1 of 2

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

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ORDER SHEET

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The Registry is directed to return the entire pleadings to the bank for availing their appropriate remedy of filing the mortgage suit. Only copies of order and Vakilpatra along with acknowledgement be kept on record with copy of memo of parties. Court fee be refunded as per rules” C. Copy of this order be kept with Original Application no. 577/2020. D. Consign the file to the Record Room. The parties may download the order from the official web-site. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

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[APK] (MA No. 41/2023) Page 2 of 2

Bank of India v. Prakashchandra

Case brief

What is this about?

What did the court decide?

Bank of India v. Prakashchandra

Case brief

What is this about?

What did the court decide?

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