This miscellaneous application challenging recovery proceedings was dismissed by the Presiding Officer of the DRT, Aurangabad, who held the application had no merit.
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, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
| 11.04. Sr. No |
2023 . 25 MA No. 77/2022 |
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|---|---|---|
| Classific ation |
No. of Exh. |
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| MISCELLANEOUS APPLICATION No.77/2022 Hanif Hayatsab Shaikh ..Applicant Versus Bank of Baroda ..Respondent Mr. T.M. Venjane – Advocate for the applicant. Mr. V.B. Kulkarni – Advocate for the respondent-bank. The matter is taken through VC. 1. This Miscellaneous Application No.77/2022 is being moved. Advocate Mr. V.B. Kulkarni appears for the Bank of Baroda, respondent. 2. The contentions raised in the Miscellaneous Application are that the proceedings are against the husband in one case and the wife is the guarantor in another case also and the property of the wife is mortgaged in this matter also. 3. The counsel who appears for the respondent-bank submits that these are two recovery proceedings separate, having separate properties. Though they may be husband-wife but the properties are different. |
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| 4. The counsel for the applicant further submits that there is a fraud played with them and they have already lodged the FIR, he can raise all his pleadings before the Recovery Officers in |
[SBJ] ( MA No.77/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
both the matters. 5. The Miscellaneous Application No.77/2022 has no merit and as such dismissed. 6. In view of the above, I pass the following order through video conferencing. ORDER A. The Miscellaneous Application No.77/2022 has no merit and as such dismissed. B. File be consigned to the record room. (Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ] ( MA No.77/2022) Page 2 of 2
Hanif Hayatsab Shaikh
Bank of Baroda
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
