An application for securities was disposed of because the respondent proved no illegality existed as the short-fall in the loan was accepted by the applicant via a deposit. The deposited amount was adjusted.
The Securitisation Application No.211/2022 disposed off; Rs.1,00,000/- deposit adjusted in book liability;
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, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
| 08.1 Sr. |
1.202 No.11 |
3 0 SA No.211/2022 |
|---|---|---|
| Classif ication |
No. of Exh |
|
| SECURITIZATION APPLICATION No.211/2022 | ||
| Pandhari Sukhdev Marathe ..Applicant Versus Avas Financiers Limited ..Respondent Mr. S.A. Nandure - Advocate for the applicant. Mr. Wasif Shaikh h/for Mr. M.D. Narwadkar – Advocate for the respondent. The matter is taken through Video Conference. 1. In this matter the grievance of the applicant is the loan of Rs.4.25 Lacs (Rupees Four Lacs Twenty-Five Thousand only) was sanctioned but only Rs.3,93,566/- (Rupees Three Lacs Ninety-Three Thousand Five Hundred Sixty-Six only) was released. 2. The counsel for the respondent has filed the reply. It is submitted that they only accepted this amount to be disbursed. The account was classified as NPA on 30th November, 2020. The 13(2) notices were sent by post and also published in the newspapers. The proof of the same has already been filed. The possession notice was also served and paper publication has been filed. 3. The counsel for the applicant further submits that before the District Magistrate the respondent has not stated the dues as on the date of the application before the District Magistrate that is not required. The 13(2) notice amount is required. |
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| 4. In these circumstances nothing survives in this application. There is no illegalityin the action of the |
[SBJ] (SA No.211/2022) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)
ORDER SHEET
respondent and as such the Securitisation Application
filed by the applicant shall be disposed off.
5. In view of the above, I pass the following order
through video conferencing.
ORDER
A. The Securitisation Application No.211/2022 stands
disposed off.
B. The amount of Rs.1,00,000/- (Rupees One Lac
only) deposited at the direction of the Tribunal with
the respondent-company shall be adjusted in the
book liability.
C. Accordingly all the interlocutory applications stands
disposed off.
D. File be consigned to the record room.
(Vimal Gupta)
Presiding Officer
Debts Recovery Tribunal, Aurangabad
[SBJ] (SA No.211/2022) Page 2 of 2
Pandhari Sukhdev Marathe
Avas Financiers Limited
Vimal Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
