DRT-1, Mumbai granted interim status quo to applicant, allowing partial auction but reserving full possession rights pending reply on property measurement discrepancy.
Status quo granted; respondent allowed 800 sq.ft possession in auction while reserving rights for complete 970 sq.ft land after respondent's reply.
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.
IA No. 2408 of 2023 In SA 120 of 2023
| 20/07/2023 | Ex. No. |
Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Roznama in SA 120 of 2023 Man Infraproject Ltd Vs Bank of Baroda (Dena Bank) |
Next date |
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| Advocate Sanjay Dubey i/b Akhlak A. Khan appeared for the Applicant. Advocate A. R. Bamne i/b appeared for the Respondent. IA No. 2408/2023 1. By way of the present IA the Applicant is paying pending hearing and |
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| dismissal of the SA status quo may be granted for the action taken by the Respondent No. 1 & 2 qua the property |
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| Office No. 406, Man Excellenza |
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| Prabhadeep CHS Ltd., Vile Parle West, Mumbai- 400056. 2. The core issue raised by Ld. Counsel for the Applicant during the hearing is that Respondent Bank has put the property admeasuring 800 sq. ft. in the auction dated 22/05/2023. Whereas total area of property is 970 sq. ft. thus he |
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| submitted the Respondent may be |
1
IA No. 2408 of 2023 In SA 120 of 2023
| allowed to handover the area of 800 sq. |
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| ft. to the successful bidder, though may |
| take possession tomorrow of the |
| complete land of 970 sq. ft and the issue |
| pertaining to the complete |
| measurement of the land which is |
| mortgage to the bank after the reply of |
| the Respondent Bank. |
| 3. Ld. Counsel for the Respondents |
| objected to the present IA and also seeks |
| time for filing reply on the present IA. |
| Ld. Counsel for the Respondent also |
| inform that the complete land |
| admeasuring 970 sq. ft. was mortgage to the bank therefore, now any objection of |
| the Applicant is not sustainable. Thus, |
| he prays the present IA may be |
| dismissed. Having heard rival |
| submission and parties and gone |
| through the record. Admittedly in the |
| auction notice is total area of property |
| in question is mentioned 970 sq. ft. |
| carpet area therefore, looking to the |
| prima facia case the Respondent may be |
2
IA No. 2408 of 2023 In SA 120 of 2023
Tjs/-3
| allowed to take possession | of the |
|---|---|
| property in question. | |
| P.O. DRT-I |
3
1 issue framed by the court
Whether to accede to the applicant's request for status quo regarding auction of partially mortgaged property.
Man Infraproject Ltd
Bank of Baroda (formerly Dena Bank)
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
