Disposed

Ravishankar Pasupuleti v. Central Bank of India

DRT24 Aug 2023SA/156/2023

Case brief

AI extract

What is this about?

An applicant sought to restrain a bank from taking possession of his single dwelling unit by depositing partial dues, while acknowledging the bank's right to proceed against other mortgaged properties.

What did the court decide?

Direction to deposit Rs. 20 Lakhs immediately and Rs. 5 Lakhs within one week; restraint on respondent to take possession of the specific flat upon such deposit.

Ravishankar Pasupuleti versus Central Bank of India — Execution and Attachment | DRT (2023)

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SA 156 of 2023

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24/08/2023	Ex. No. Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. _IA No._2648/2023 in *SA 156 of 2023* *Ravishankar Pasupuleti Vs Central Bank of* *India*	Next date
	Advocate Rajesh Nagory a/w K L T Law Associates appeared for the Applicant. Advocate Bhavesh Poojary i/b MDP Partners appeared for the Respondent No. 5. IA No. 2648/2023 1. Ld. Counsel for the Applicant contends that the Applicant has a good case on merit and also, he submits that the flat in question is a single dwelling unit of the Applicant where the Applicant is residing with his family, further, he contends that there are around 35 flats as well as land around 5 acer which is also
	mortgage with the Respondent and thus, he submits the Respondent may proceed on those vacant plots first and also the Applicant is ready to deposit Rs. 20 Lakhs immediately and Rs. 5 Lakhs within one
	week thus the Respondent may be restrain to take possession of the

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SA 156 of 2023

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Flat No. 102, admeasuring 805 sq. ft. (Carpet Area), First Floor, A-Wing, Prathamesh Residency Co-opp-HsgSociety Ltd., Off J.P. Road, Andheri (West), Mumbai – 400058, (hereinafter referred to as “property in question”). 2. Ld. counsel for the Respondent objected to the contention to the Applicant and submits that Respondent may be allowed to take possession of all the properties. He also informs that the dues are around 24 Crores and one of the flat properties of the Applicant is already been sold. 3. Looking to the facts that the property in question is a single dwelling unit of the Applicant and further there are 35 plots which are also mortgage to the Respondent and 1 land of around 5 acer is available as mortgage with the Respondent therefore, in the interest of justice it is hereby directed that the Applicant to deposit Rs. 20 Lakhs immediately with the Respondent and also Deposit Rs. 5 Lakhs within 1 week. 4. On deposit of the amount herein above the Respondent is hereby restrained for

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SA 156 of 2023

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taking possession of property/flat in question. However, it is made clear that the Respondent is free to proceed for the 35 plots as well as land under the SARFAESI ACT, 2002. 5. Needless to say in case of default the Respondent may take possession of the property in question without any notice to the Applicant. 6. With the above said direction IA is hereby disposed off. P.O. DRT-I

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Tjs/-51

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Ravishankar Pasupuleti v. Central Bank of India

Case brief

What is this about?

What did the court decide?

Ravishankar Pasupuleti v. Central Bank of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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