Disposed

Gadkari Builders and Associates v. State Bank of India

DRT8 Aug 2023SA/153/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal directed parties to adhere to agreed terms for peaceful handover of four mortgaged properties within 30 or 60 days and for the respondent to proceed with auction after possession. The issue was disposed of accordingly.

What did the court decide?

Directed parties to adhere to agreed terms for possession handover and auction; disposed of the valuation petition and special application.

Gadkari Builders and Associates versus State Bank of India — Landlord and Tenant | DRT (2023)

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08/08/2023	Ex. No.	Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. *Roznama in SA 153 of 2023* *Gadkari Builders and Associates Vs State* *Bank of India*	Next date
		Advocate Mr. Rajesh Nagory a/w Advocate Mr. Dilip Shukla appeared for the Applicant. Advocate Mittal Parekh a/w Umar F. Azam i/b M.V. Kini & Co. appeared for the Respondent. IA No. 2579/2023 1. After hearing at some length now both parties are agreed that: - i) Applicant will handover peaceful possession of property no.1, Flat No. 103, Flat No. 104 on 1^stFloor, admeasuring 1050 sq.ft. each in the building known as Srishti Enclave situated at Subhash Nagar CHS Ltd.
		Situated at Diamond Gard City
		Survey No. 67-71 pt CTS 1424 (Pt) village Subhash Nagar, Chembur, Mumbai and also;
		ii) Shop No. 4, on Ground Floor, admeasuring 189 Sq Ft. built up or equivalent to 17.57 sq. metres built up

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	and office on 1^stFloor in the building
	known as Gadkari Complex, (Old
	Kuber Shopping Complex) CTS No.
	76/2, Deonar, Mumbai-400 088.
iii)	Further, it is agreed that Respondent shall proceed for auction of the above said two properties after 30 days from
	the date of possession.
iv)	The Respondent shall give peaceful
	possession of property mentioned in
	clause 3 (Extension of Equitable
	mortgage of All that Piece or parcel of land total admeasuring 354.70 sq mtrs
	including the existing building
	thereon known as Vaity Apartment
	bearing CTS no-355,, 355/1, 355/2 and
	356 of village Deonar, Taluka Kurla
	and within the Registration District of
	Mumbai City and Suburban District of
	Mumbai) after the period of 30 days.
v)	The Applicant shall handover the
	peaceful possession of the property
	mentioned at clause 2 (Equitable
	mortgage of Proposed /ongoing Multi
	Storied Residential apartment with
	construction thereon All that piece

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and parcel of land admeasuring 867.87 sq mtrs as per deed of conveyance and admeasuring 870 sq. mtrs as per city Survey Property register Card and bearing Plot no.13 out of the layout of the Sarvodaya Estate which land also bears Survey no.14(part), and CTS No 543B village Chembur, along with the old building named Lotus, Which has been demolished, which property is situate 3 lying and being at Ramkrishna Chembur Marg, Chembur in grater Mumbai in the Registration District and Sub- District of Mumbai Suburban) after 60 days. 2. In view of the submission of the parties they are hereby directed to adhere to the terms as agreed today. Failing which, the Respondent shall take the possession of all the properties any further notice to the Applicant. 3. With the above said direction, the present IA is hereby disposed off accordingly. 4. As the present order consists for all the four mortgage properties, therefore, consequently, the present SA is also hereby disposed off.

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Ex-10	File be closed and consigned to the records. Affidavit in reply
	P.O. DRT-I

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Sgj/-3

Gadkari Builders and Associates v. State Bank of India

Case brief

What is this about?

What did the court decide?

Gadkari Builders and Associates v. State Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

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