This order modifies a previous decision in MA 69 of 2023, correcting the reason for withdrawal of certificate and attachment to reflect that the bank realized dues via auction under SARFAESI Act rather than compromise.
Modification of order dated 02.05.2023 to replace 'compromise' with 'realization through auction under SARFAESI Act'.
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DEBTS RECOVERY TRIBUNAL, PATNA
Order with the signature of the Court
MA 69 of 2023 Canara Bank Vs. M/s Aryan Food & Agro Enterprises Pvt. Ltd. &Ors. 26.05.2022 Ld. Counsel Sh. Manish Kishore for the applicant bank appears and submitted a petition dated 23.05.2023 stating therein that the above mentioned MA was filed for withdrawal of certificate as well as vacation of attachment order passed in RP 192/2023 arising out of OA 47/2020. The said MA was allowed vide order dated 02.05.2023 but while allowing the said MA it has been recorded that “the matter has been compromised and the said amount has been received by the applicant bank” while the bank has realised the entire outstanding due amount of loan through auction of mortgaged property under SARFAESI Act. Under the facts and circumstances, the same is corrected and be read as “ the bank has realised the entire outstanding due amount of loan through auction of mortgaged property under SARFAESI Act” in place of “the matter has been compromised and the said amount has been received by the applicant bank”. Accordingly, the order dated 02.05.2023 is hereby modified to the extent. This order shall be part of order dated 02.05.2023 passed in MA 69 of 2023 and be sent to the parties concerned alongwith order dated 02.05.2023.
(KaushalendraYadav) Presiding Officer
1 provisions across 1 enactments
Canara Bank
M/s Aryan Food & Agro Enterprises Pvt. Ltd.
Kaushalendra Yadav
As recorded by the court registry
2 orders share this CNR
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