The Tribunal allowed a miscellaneous application seeking return of original title deeds. The recovery officer confirmed the mortgaged properties were sold by the debtor, and the parties consented to the return of deeds.
Return of original title deeds to the applicant based on consent of the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
08.12.2023 Sr. No.906
| MA No.72 of 2023 | ||
|---|---|---|
| classifi -cation |
No. of Exh. |
Axis Bank Vs. Mr. Krishnakumar Nandakumar Menon & Anr. |
| Ms Nasima Siddiqui i/b M/s. M.V. Kini & Co. – Advocates for the applicant. Mr Krishnakumar Nandakumar Menon – defendant no.1 present in person. Ms Chitralekha Menon – defendant no.2 present in person. |
||
| 1. On 10thJanuary 2018, the Tribunal pronounced the judgement in Original Application No.1049 of 2016 directing defendants to pay Rs.1,31,24,900.90 either jointly or severally to the applicant and also pass a decree to enforce the mortgaged security in terms of operative part (C). 2. Upon issuance of the Recovery Certificate, Recovery Proceeding No.67 of 2018 commenced. During the pendency of the Recovery Proceeding, the certificate holder and certificate debtor amicably settled the matter. Upon receipt of Rs.1,30,44,710/-, order dated 12thOctober 2023, maintained by the Recovery Officer reveals that the mortgaged property, that is, Flat Nos.A 1101 and 1102, 11thFloor, Apollo, Hiranandani Estate, Ghodbunder Road, Palipada, Thane (West), 400 607 was |
Page 1 of 2
| sold by the certificate debtor. Under these |
|
|---|---|
| circumstances, the parties request the Tribunal to return the original title deeds. Defendants nos.1 and 2 are personally present in the Court, consents to return the original title deeds as they need to handover the title deeds. Request accepted. |
|
| 3. By consent, Miscellaneous Application No.72 of 2023 is allowed in terms of prayer clause 6(i) and (ii) with no order as to costs. |
|
| Radhika | Sd/- Presiding Officer, DRT-2, Mumbai |
Page 2 of 2
Axis Bank
Mr. Krishnakumar Nandakumar Menon & Anr.
Radhika
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
