Dismissed

Gulam Ali Khan Abdul Hameed Khan Through his legal heirs v. Svc Co. Operative Bank Limited

DRT5 Jun 2023SA/169/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Aurangabad addressed an interlocutory application seeking a stay on attachment proceedings. The court dismissed the application noting a lack of proof of heirship by applicants, inadequate payment offers, and failure to approach the bank promptly.

What did the court decide?

Interlocutory Application for stay dismissed; Securitisation Application dismissed.

Gulam Ali Khan Abdul Hameed Khan Through his legal heirs… — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

¶2

ORDER SHEET

¶3

05.06.2023

¶4

Sr. No.01 SA No. 169/2023

¶5

Classifi cation	No. of Exh.
		SECURITISATION APPLICATION No. 169/2023 Gulam Ali Khan Abdul Hameed Khan through his LR’s .... Applicants Versus SVC C-op Bank Ltd. & others .... Respondents Mr. K.B.Deshpande - Advocate for the applicants. Mr. M.M.Dabholkar - Advocate for the Respondent Bank. The matter is taken through VC.
		1. The applicants have moved Interlocutory Application no. 874/2023 seeking stay to attachment proceeding scheduled today i.e. on 05^thJune, 2023 as per notice dated 02^ndMay, 2023 translation page no. 57A & B. 2. The learned counsel for the applicant has mentioned that
		there is a caveat bearing no. 148/2023. Mr.
		M.M.Dabhokkar appeared for caveater. Caveat no. 148/2023 is discharged.
		3. Earlier the applicants herein have filed two
		Securitisation Applications bearing nos. 197/2021 & 198/2021 in which interim protection was granted. 4. In this matter the applicants submits that one Gulam Ali Khan expired, who was the mortgagor of the property. Despite giving several opportunities the legal heirs had
		not come forward to continue with the said
		Securitisation proceeding and as such said Securitisation

¶6

[APK] (SA No.169/2023) Page 1 of 4

¶7

IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

¶8

ORDER SHEET

¶9

Applications were abated.

¶10

The estate of the deceased mortgagor has to be represented and is not clear whether the applicants who prefer this Securitisation Application are the legal heirs of the deceased. Through it is contented that they are the legal heirs but there is nothing on record to show that they are the legal heirs of deceased Gulam Ali Khan. Though they believing that they are legal heirs of deceased arguments were head.

¶11

The main contention of the applicants is that the name of deceased mortgagor Gulam Ali Khan Abdul Hameed Khan appears at Serial no.7 in the notice dated 02^nd May, 2023 issued by the Tahsildar, Aurangabad. The death certificate annexed shows that the name of deceased is Gulam Ali Khan. Another contention, main contention is that securitisation proceedings should start Dinovo.

¶12

The dues are of the partnership firm. It is represented by all the partners. The names of all the applicants who claims themselves to be the legal heirs of deceased mortgagor appears in the notice issued by the Tahsildar. They are representing the estate of the deceased and as such it can be concluded that notice is issued to all the legal heirs also. It is not the case of applicants that legal heirs are not served and have no notice.

¶13

The dues are more than Rs. 5 crores and the orders which were passed in the earlier Securitisation Applications were of deposit of 5% amount also not

¶14

[APK] (SA No.169/2023) Page 2 of 4

¶15

IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

¶16

ORDER SHEET

¶17

complied by the applicants. Today also there is no offer from the applicants to make any payment to the bank.

¶18

1. In these circumstances where all the legal heirs have been issue notice by the Tahsildar and inadvertently mention the name of the deceased will not entitle them for the stay.

¶19

1. The learned counsel for the applicant submits that they want to develop this property and therefore, the applicant seeks stay to the proceedings. They had an ample opportunity in participating in the proceedings before the Tribunal and made submissions but according the learned counsel for the respondent bank nothing has been paid by the applicant or offered to be paid.

¶20

The notice was issued on 02^nd May, 2023 and they filed Securitisation Application on 05^th June, 2023 when the action of attachment is to be taken. They kept on sleeping for almost one month after issuance of notice and years after death of deceased Gulam Ali Khan.

¶21

If the applicants were honest in the approach & had any intention to pay, they must have approached the bank in time.

¶22

The attachment as per notice dated 02^nd May, 2023 will not change anything except that they will have to settle the issue with bank, if they wish to develop the property. Since earlier Securitisation Application was abated the action of the bank was correct and there is no need to issue 13(2) notice again and bank can start proceedings

¶23

[APK] (SA No.169/2023) Page 3 of 4

¶24

IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

¶25

(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

¶26

ORDER SHEET

¶27

	from the point where the death occurs as legal heirs are
	liable to extent the property being inherited.
14.	The applicant never states about their respective share in the property of the deceased mortgagor.
15.	The learned counsel for the applicant submits that the action as per notice dated 02^ndMay, 2023 is already started and as such the Tribunal is of the opinion that not to interfere in the action of the respondent bank.
16.	In view of the above, I pass the following order: ORDER
A	. Interlocutory Application no. 874/2023 for stay is hereby dismissed.
B.	Accordingly, Securitisation Application (Diary) No. 556/2023 is hereby dismissed.
C.	File be consigned to the Record Room.
The	parties may download the order from the official web-site
	(Vimal Gupta) Presiding Officer Debts Recovery Tribunal, Aurangabad

¶28

[APK] (SA No.169/2023) Page 4 of 4

Gulam Ali Khan Abdul Hameed Khan Through his legal heirs v. Svc Co. Operative Bank Limited

Case brief

What is this about?

What did the court decide?

Gulam Ali Khan Abdul Hameed Khan Through his legal heirs v. Svc Co. Operative Bank Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bank of Baroda versus Harale Tea Company Pvt. Ltd.

Kotak Mahindra Bank Limited versus Santosh Bhagat

Sunil Prabhatrao Chaudhary versus Punjab National Bank

Arihant Automobiles versus State Bank of India

Shanti Laghu Udyog versus Hdb Financial Services Ltd.

Mrs Kavita Wo Ganeshrao Burade versus Mahindra Rural Home Finance Limited