The applicant bank sought permission to withdraw an Original Application filed on the basis of a mortgage suit and was permitted to do so.
Original Application returned to applicant with liberty to file mortgage suit; time excluded from limitation; court fees refunded.
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
| 22.11. Sr. No |
2023 .130 OA No. 424/2022 |
|
|---|---|---|
| Classific ation |
No. of Exh. |
|
| ORIGINAL APPLICATION NO. 424/2022 | ||
| Bank of Maharashtra ..Applicant Versus Mr. Subhash S/o Laxman Mahalkar ..Defendants Mr. S.P. Talegaonkar - Advocate for the applicant. The matter is taken through Video Conference. 1. The applicant bank has filed the Original Application for recovery of amount on the basis of mortgage. |
||
| 2. 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. 3. The counsel for the applicant bank seeks permission to withdraw the Original Application with liberty to file mortgage suit. Permitted. **4. **In view of the above, I pass the following order ORDER |
||
| A. The Original Application No.424/2022 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. B. 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.424/2022) 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.
(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad
[sbj] (OA No.424/2022) Page 2 of 2
Bank of Maharashtra
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
