Dismissed

Mr Rajesh Mohan Solanki and Ors. v. Cholamandalam Invesment and Finance Limited

DRT13 Jan 2023SA/22/2023

Case brief

AI extract

What is this about?

The Tribunal dismissed Securitization Application No.22 of 2023 and disposed of I.A. No.105 of 2023 with no order as to costs, following the applicant's withdrawal of the application by the secured creditor.

What did the court decide?

Securitization Application No.22 of 2023 stood dismissed with no order as to costs; I.A. No.105 of 2023 was disposed of with no order as to costs.

Mr Rajesh Mohan Solanki and Ors. versus Cholamandalam… — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL No.2, MUMBAI (BEFORE HON’BLE PRESIDING OFFICER) ORDER SHEET

¶2

13.01.2023 Sr. No.910

¶3

		SA No.22 of 2023
-	of	Mr. Rajesh Mohan Solanki & Ors.
classifi cation	No. Exh.	Vs. Cholamandalam Investment and Finance Ltd.
		Mr Priyanshu Mishra i/b Mr Sunny Singh & B.K. Dubey – Advocates for the applicants. Mr Alok Mishra – Advocate for defendant.
		1. Mr Alok Mishra, representing the secured creditor, drew the Tribunal’s attention to the final relief in the Securitization Application on page no.8. He submits that the possession was scheduled yesterday based on the Court Commissioner’s notice date 22^ndDecember
		2022. However, due to lack of infrastructure, the
		secured creditor could not take the physical
		possession of the secured assets and therefore, the
		reliefs in terms of prayer clause (a) and (b) has
		become infructuous. Based on the submission made by Mr Alok Mishra, Mr Priyanshu Mishra has made an
		endorsement on the Securitization Application
		seeking the Tribunal’s permission to withdraw the
		Securitization Application. However, ever after
		granting permission, the Securitization Application also does not survive.
		2. Hence, Securitization Application No.22 of 2023 stands dismissed with no order as to costs.

¶4

3.	I.A. No.105 of 2023	stands disposed of with no order
	as to costs.
		Sd/-
		Presiding Officer,
		DRT-2, Mumbai

¶5

Nidhi

Mr Rajesh Mohan Solanki and Ors. v. Cholamandalam Invesment and Finance Limited

Case brief

What is this about?

What did the court decide?

Mr Rajesh Mohan Solanki and Ors. v. Cholamandalam Invesment and Finance Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Maanya Impex versus Saraswat Cooperative Bank Limited

Bank of India versus Kapil

Punjab National Bank versus Rajkumar Murarilal Varma

Mrs Surbhi Janak Katakia versus Tata Capital Financial Service Limited

Canara Bank versus Ummed Singh Rathore

Bank of India versus Elkon Pvt. Ltd.