Dismissed

Sambhaji Shivaji Vankalwad v. Mahindra Rural Housing Finance Limited

DRT8 Nov 2023SA/357/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal dismissed an interlocutory application for condonation of delay of 341 days. It also disposed of an application for stay of sale and a securitisation application as infructuous since no sale had been conducted.

What did the court decide?

Discharged and disposed of Interlocutory Applications No.1479/2023 and 1480/2023 and Securitisation Application No.357/2023 as dismissed or infructuous.

Sambhaji Shivaji Vankalwad versus Mahindra Rural Housing… — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD (BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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08.11.2023

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Sr. No.16 Diary (SA)No. 940/2023 / SA No.357/2023 INTERLOCUTORY APPLICATION NO.1479/2023 & 1480/2023 IN

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Diary (SA)No.940/2023

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SECURITISATION APPLICATION NO.357/2023

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Sambhaji Shivaji Vankalwad ..Applicant Versus Mahindra Rural Housing Finance Ltd. ..Respondent

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Mr. A.S. Sakhare - Advocate for the applicant. Mr. U.N. Shete – Advocate for the respondent. The matter is taken through Video Conference. 1. In this matter the applicant has filed the Interlocutory Application No.1480/2023 there is a delay of 341 days.

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1. The counsel for the respondent bank appears and submits that the applicants have contested the matter before the District Magistrate hence they were very well aware on passing of the orders that they should have challenge this within 45 days. The sale has not been done. The Interlocutory Application No.1480/2023 shall be dismissed.

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1. The Securitisation Application is registered qua only the challenge to the sale notice dated 28^th June, 2023.

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1. The counsel for the respondent bank submits that the sale has not taken place as such the Interlocutory Application No.1479/2023 also stands disposed off.

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1. This Securitisation Application has become infructuous because the sale has not taken place. The applicant will be

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[SBJ] ( Diary (SA)No.940/2023/ SA No.357/2023) Page 1 of 2

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IN THE DEBTS RECOVERY TRIBUNAL, AURANGABAD

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(BEFORE HON’BLE PRESIDING OFFICER, DRT AT AURANGABAD)

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ORDER SHEET

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entitled to challenge any further action of the respondent bank.

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1. The counsel for the applicant submits that they want to settle this matter with the respondent bank.

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1. The counsel for the respondent submits that they will consider the request for settlement as per the policy of the respondent. Let them do so.

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1. In view of the above, I pass the following order through video conferencing. ORDER

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A. The Interlocutory Application No.1480/2023 for condonation of delay stands dismissed.

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B. The Registry is directed to register the Securitisation Application qua only challenge to the sale notice dated 28^th June, 2023.

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C. The Interlocutory Application No.1479/2023 for stay of the sale also stands disposed off as infructuous.

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D. Accordingly, the Securitisation Application No.357/2023 stands disposed off.

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E. File be consigned to the record room. (Vimal Gupta)

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Presiding Officer

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Debts Recovery Tribunal, Aurangabad

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[SBJ] ( Diary (SA)No.940/2023/ SA No.357/2023) Page 2 of 2

Sambhaji Shivaji Vankalwad v. Mahindra Rural Housing Finance Limited

Case brief

What is this about?

What did the court decide?

Sambhaji Shivaji Vankalwad v. Mahindra Rural Housing Finance Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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Case details

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