Partly allowed
Bank of Maharashtra v. Mr Kachru Baban Mahalkar
DRTOA/423/2022
What the court decided
AI extract
Outcome
Partly allowed
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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 22.11. Sr. No |
2023 .131 |
OA No. 423/2022 |
|
|---|---|---|---|
| Classific ation |
No. of Exh. |
||
| ORIGINAL APPLICATION NO. 423/2022 | |||
| Ban Ver Mr. Mr. The 1. |
k of Maharashtra ..Applicant sus Kacharu Baban Mahalkar ..Defendants S.P. Talegaonkar - Advocate for the applicant. matter is taken through Video Conference. The applicant bank has filed the Original Application for recovery of amount on the basis of mortgage. |
||
| 2. 3. **4. ** |
The Tribunal has no power to entertain the**mortgage suit** and only the application for recovery of money can be entertained for which limitation is three years. The counsel for the applicant bank seeks permission to withdraw the Original Application with liberty to file mortgage suit. Permitted. In view of the above, I pass the following order ORDER |
||
| A. B. |
The Original Application No.423/2022 be returned to the applicant bank to be presented in proper court and the time from filing of this Original Application till pleadings are returned will be excluded from the limitation. The Registry is directed to return the entire pleadings to the bank for availing them appropriate remedy of filing the mortgage suit before the appropriate civil court, except the |
[SBJ] (OA No.423/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD
(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
orders passed by this Tribunal (Order sheets) and Vakalatnama.
Registry is also directed to refund the full court fees which the applicant bank has deposited in this Tribunal as per procedure.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[SBJ] (OA No.423/2022) Page 2 of 2
Kacharu Baban Mahalkar
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court