Bank of India v. MIlan Hardikar

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER)

Sr. No.9

INTERLOCUTORY APPLICATION No.48 of 2023 In ORIGINAL APPLICATION NO.35 of 2023

Bank of India … Applicant

Versus

Mr. Milan Vishnu Hardikar … Defendant

Mr Prashant Shinde i/b M/s. A.B. Shinde & Co. – Advocates for the applicant.

None for defendant.

Shri Deepak M. Thakkar Presiding Officer, 18^th January 2023.

ORDER

1. The applicant seeks the Tribunal’s permission to withdraw the Original Application stating that it received the consideration of ₹29.60 lakhs from the auction purchaser to whom the mortgaged property was sold. The applicant appropriated the sale proceeds in the Star Home Loan Account stated in paragraph no.2. Mr Shinde would submit that the sale proceeds are in excess of the amount claimed in the Original Application, that is, ₹23,04,226.30/-. He submits that as and when the borrower approaches the applicant for the excess amount, it shall be paid to him. The learned counsel does not press for relief in terms of prayer clause (b). He requests to grant the permission to withdraw