Ms Asadullah Cold Storage Siwan v. Bank of Baroda
DRTSA/18/2023
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Office action taken with data
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| Date of order or proceeding |
DEBTS RECOVERY TRIBUNAL, PATNA Order with the Signature of the Court SA 18 of2023 |
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| 17.01.2023 | It has been further submitted on behalf of the applicant that the respondent bank is again trying to take physical possession with help of the District Magistrate and District Magistrate has no authority to review its previous order which was passed in compliance of the Hon'ble High Court, regarding physical possession. Ld. counsel for the Shri Manish Kishore has appeared on behalf of respondent bank and submitted that the present S. application is not maintainable on the ground that the matter is sub-judice before the Hon'ble High Court. In view of the above circumstances, it is not disputed that the order which has been filed as annexture-6 is still effective which was passed by Hon'ble High Court in a dispute regarding physical possession. As such no interim order is required by the Tribunal at this stage. Ld. counsel for respondent may file detailed reply against the S application within fifteen days with advance copy to the applicant. The applicant may file rejoinder if any thereafter by the date fixed. Put up on 10.2.2023 for hearing. No interim order is passed at this stage. Order be uploaded on the Tribunal's website. Ld. counsel for the applicant submits that the respondent bank is going to take the physical possession. There is no notice issued U/S 13(4) of the SARFAESI Act and also there is stay order granted by Hon'ble High Court filed as annexure - 6 to the application and the District Magistrate earlier refused to provide assistance for physical possession. Thereafter, the compromise has taken place between the bank and applicant which has been filed as annexure-8 of the S. application. In compliance of aforesaid compromise Rs.200 lakh was deposited by the applicant and same has been recorded by the Recovery Officer filed as annexure-9. Patna (Kaushalendra Yadav) Presiding Officer |
Parties & counsel
AI extract
- applicant
Applicant
- respondent
Respondent Bank
Coram
AI extract
Kaushalendra Yadav
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page · P.o
- Order 2 · P.o
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