DRT Mumbai disposed of an application where the secured creditor stated the account was regularized and action under SARFAESI Act was withdrawn, rendering the application infructuous.
Application dismissed as infructuous; pending inspection applications disposed of.
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.
IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET
08.06.2023
Sr. No.13
| SA No.192 of 2023 | ||
|---|---|---|
| classifi -cation |
No. of Exh. |
Bonnie Fransico Cardoz & Anr Vs. AU Small Finance Bank Ltd. |
| Mr Bonnie Fransico Cardoz – applicant no.1 present in person. Ms Dimple Tejani and Ms Reshma Nandilath i/b M/s. M & S Legal Ventures – Advocates for defendant. |
||
| 1. Ms Tejani, representing the secured creditor, has produced the statement of account which shows that on 17thMay 2023, a sum of Rs.7,50,000/- has been credited to the applicants’ account. As of 17thMay 2023, a sum of Rs.1,15,565.87 is shown as the outstanding. Ms Tejani submits that the account has been regularized and therefore the defendant has withdrawn the action and measures under the SARFAESI Act and therefore, Securitization Application has become infructuous. Ms Tejani further submits that the authorized official shall handover the symbolic possession within two weeks from today. 2. The 1stapplicant appeared in person raises dispute stating that the bank is not providing the outstanding amount. 3. The above discussion reveals that the Securitization |
||
| Application No.192 of 2023 has become infructuous and |
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therefore, stands dismissed as infructuous with no order
as to costs. All pending I.As stands disposed of with no
order as to costs.
Sd/-
Presiding Officer,
DRT-2, Mumbai
Nidhi
Page 2 of 2
Bonnie Fransico Cardoz & Anr
AU Small Finance Bank Ltd.
Nidhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
