The Debts Recovery Tribunal disposed of the Securitisation Application filed by a subsequent purchaser of mortgaged property against a cooperative bank, declining to interfere with the notice issued by the bank.
The Securitisation Application No.238/2023 stands disposed off and all pending IAs are disposed of accordingly.
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
| 15. Sr. |
09.20 No.0 |
23 9 SA No.238/2023 |
|---|---|---|
| Classific ation |
No. of Exh. |
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| SECURITISATION APPLICATION No.238/2023 | ||
| Ganesh Asaram Nagre ..Applicant Versus Motiram Agrawal Jalna Merchants Co- operative Bank Ltd. ..Respondent/s Mr. A.A. Mishra - Advocate for the applicant. Mr. Bobby Agrawal - Advocate for the respondent(s). |
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| The matter is taken through Video Conference. | ||
| 1. In this matter the applicant is a subsequent purchaser of the property. The property was mortgaged to the respondent no.1 by respondent no.2. |
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| 2. The applicant submits that they have taken the loan from the respondent no.9 and the verification of the document |
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| was done by the respondent no.1. | ||
| 3. Admittedly this property which is mortgaged purchased by them and if respondent no.9 has not done proper due diligence it is them to face the consequences. |
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| 4. The respondent no.1 cannot be put in jeopardize for the mistake of respondent no.9 or the applicant. If the applicant has no grievance, it is against the respondent no.2, he can take appropriate action against them. |
[SBJ]
(SA No.238/2023) Page 1 of 2
IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD) ORDER SHEET
[SBJ] (SA No.238/2023) Page 2 of 2
Ganesh Asaram Nagre
Motiram Agrawal Jalna Merchants Co-operative Bank Ltd.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
